Staib v. Colvin

254 F. Supp. 3d 405, 2017 WL 2371178, 2017 U.S. Dist. LEXIS 83145
CourtDistrict Court, E.D. New York
DecidedMay 30, 2017
Docket15-cv-6775 (ADS)
StatusPublished
Cited by7 cases

This text of 254 F. Supp. 3d 405 (Staib v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Staib v. Colvin, 254 F. Supp. 3d 405, 2017 WL 2371178, 2017 U.S. Dist. LEXIS 83145 (E.D.N.Y. 2017).

Opinion

MEMORANDUM OF DECISION & ORDER

SPATT, District Judge:

On November 25, 2015, the Plaintiff Christina Staib (the “Plaintiff’ or the “claimant”) commenced this civil action pursuant to the Social Security Act, 42 U.S.C. §§ 405 et seq. (the “Act”), challenging a final determination by the Defendant, the Acting Commissioner of Social Security Nancy A. Berryhill (the “Defendant” or the “Commissioner”), that she is ineligible to receive Social Security disability insurance benefits.

This is a unique case. Both parties agree that both the Administrative Law Judge (“ALJ”) and the Appeals Council failed to review or consider certain evidence in the course of denying the Plaintiffs claim. However, the parties disagree as to the remedy. The Commissioner seeks an order remanding for further administrative proceedings while the Plaintiff requests remand solely for the calculation of benefits. For the following reasons, the Court grants the Defendant’s motion to reverse the Commissioner’s decision and to re[407]*407mand for further administrative proceedings; and grants in part and denies in part the Plaintiffs motion for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure (“Rule”) 12(c).

I. BACKGROUND

The Court will not engage in a recitation of the facts, because as discussed below, the case must be remanded for further proceedings before a federal district court can rule on whether the AL J’s decision can be upheld.

The parties agree that the Plaintiff submitted three sets of relevant and material documents to the ALJ that the ALJ did not review or mark as exhibits. These documents consisted of records — some of which were treatment records — from an osteopathic physician, a neurologist, and an internist. Although these documents appear in the record, they are not listed in the “List of Exhibits” that were considered by the ALJ. The ALJ said that he would admit those three sets of documents post-hearing, but apparently he did not.

Furthermore, the parties agree that the ALJ failed to develop the record. First, the ALJ did not attempt to obtain any treatment records from the Plaintiffs mental health providers, Dr. Swéetland and Dr. Bedard, who found that the Plaintiff had moderate mental limitations. As the Plaintiff said in her memorandum, “[i]f the ALJ actually believed that therapy notes were needed to support the treating opinions, then he was obligated to obtain them.” (Pl.’s Mem. of Law at 6 (internal citations omitted)). Second, the Defendant admits that although the Plaintiff claimed an onset date of June 1, 2012, there were no treatment notes in the record as reviewed by the ALJ before February 27, 2014.

Finally, the parties agree that the Plaintiff submitted further relevant and material evidence from the Plaintiffs neurologist to the Appeals Council after the ALJ denied her application. However, these documents were neither marked as exhibits nor were they considered.

II. DISCUSSION

It is within the Court’s discretion to decide whether to remand for further proceedings or solely for the calculation of benefits. Butts v. Barnhart, 388 F.3d 377, 385 (2d Cir. 2004), as amended on reh’g in part, 416 F.3d 101 (2d Cir. 2005) (“Because Congress did not state that district courts ‘shall’ exercise this additional power but simply gave district courts the authority to do so in an appropriate case, it reasonably may be inferred that the district court’s exercise of such authority was intended to be discretionary and should be reviewed for abuse of discretion.” (quoting Harman v. Apfel, 211 F.3d 1172, 1173 (9th Cir. 2000)).

However, the Second Circuit has explicitly said that “where the administrative record contains gaps, remand to the Commissioner for further development of the evidence is appropriate. That is, when ‘further findings would so plainly help to assure the proper disposition of [the] claim, we believe that remand is particularly appropriate.’ ” Id. (quoting Rosa v. Callahan, 168 F.3d 72, 83 (2d Cir. 1999)). As there are numerous gaps in the record here, the Court is compelled to remand the case for further proceedings.

Where an “ALJ reach[es] a mistaken conclusion on an otherwise complete record,” Rosa, 168 F.3d at 83, remand solely for calculation of benefits is appropriate. However, where the “ALJ faded to fulfill h[is] duty in claimant’s case in several respects,” remand for further proceedings is appropriate. Id; see also Cherico v. Colvin, No. 12 CIV. 5734 MHD, 2014 WL 3939036, at *31 (S.D.N.Y. Aug. 7, 2014) (“Remand is warranted where there aré [408]*408gaps in the administrative record or the ALJ has applied an improper legal standard.” (quoting Rosa, 168 F.3d at 82-83 (internal quotation marks and further citations omitted)).

Where an ALJ fails to include relevant documents he possessed in the record, he fails to develop the record. Rose v. Comm’r of Soc. Sec., 202 F.Supp.3d 231, 243 (E.D.N.Y. 2016). “Under these,circumstances, the ease must be remanded for a complete and fair hearing, and the plaintiff must have the opportunity to present any evidence she wishes at the rehearing in support of her application ....” Id. (internal citations, quotations and alterations omitted). As the ALJ and the Appeals Council both failed to consider relevant documents, they did not adequately develop the record.

Before a court analyzes the merits of a Social Security cáse, “[t]he reviewing court ‘must first be satisfied that the claimant has had a full hearing under the regulations and in accordance with the beneficent purposes of the Social Security Act.’ ” Cruz v. Barnhart, 343 F.Supp.2d 218, 220 (S.D.N.Y. 2004) (quoting Cruz v. Sullivan, 912 F.2d 8, 11 (2d Cir. 1990) alterations and further internal citations omitted)). Here, the Court finds that the Plaintiff has not received a full and fair hearing.

Indeed, the Plaintiff argues, and the Defendant concedes, that she was deprived of a full and fair hearing. That alone requires remand for further proceedings. See Rose, 202 F.Supp.3d at 239 (“A remand by the court for further proceedings is appropriate when the Commissioner has failed to provide a full and fair hearing, to make explicit findings, or to have correctly applied the regulations.” (quoting Ming v. Astrue, No. 07-CV-4567 (DLI) (SMG), 2009 WL 2495947, at *3 (E.D.N.Y. Aug. 13, 2009) (internal alterations omitted))).

Finally, the parties agree that the Appeals Council also failed to consider relevant evidence. This also requires a remand for further proceedings. See Wilbon v. Colvin, No. 15-CV-756-FPG, 2016 WL 5402702, at *5 (W.D.N.Y. Sept.

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254 F. Supp. 3d 405, 2017 WL 2371178, 2017 U.S. Dist. LEXIS 83145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staib-v-colvin-nyed-2017.