Stephens v. Colvin

200 F. Supp. 3d 349, 2016 U.S. Dist. LEXIS 100797, 2016 WL 4094885
CourtDistrict Court, N.D. New York
DecidedAugust 2, 2016
Docket3:15-CV-00622(TWD)
StatusPublished
Cited by99 cases

This text of 200 F. Supp. 3d 349 (Stephens v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephens v. Colvin, 200 F. Supp. 3d 349, 2016 U.S. Dist. LEXIS 100797, 2016 WL 4094885 (N.D.N.Y. 2016).

Opinion

DECISION AND ORDER

THERESE WILEY DANCES, United States Magistrate Judge

Plaintiff Duane Stephens brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) denying his application for Disability Insurance Benefits and Supplemental Security Income. (Administrative Transcript at 13,1) This case has proceeded in accordance with General Order 18 of this Court which sets forth the procedures to be followed when appealing a denial of Social Security benefits. Both parties have filed briefs. Oral argument was not heard. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the disposition of this case by a United States Magistrate Judge. (Dkt. No. 11.) For the reasons discussed below, the Commissioner’s motion is denied, Plaintiffs motion is granted, and the case is remanded for reconsideration,

I. BACKGROUND AND PROCEDURAL HISTORY

Plaintiff Duane Stephens filed for Disability Insurance Benefits and Title XVI Supplemental Security Income on June 27, 2012, claiming disability as of March 12, 2012. (T. at 13.) Plaintiff was born on January 3, 1966, and alleges disability due to asthma, emphysema, depression, and limited cognitive abilities. (T. at 15, 35.) His application was denied on October 10, 2010, and he subsequently filed a written request for a hearing on October 31, 2012. (T. at 13.) A hearing was held on November 6, 2013, before Administrative Law Judge (“ALJ”) Barry E, Ryan. Id. The ALJ issued his decision on January 15, 2014, finding Plaintiff not disabled. (T. at 13-26.) The ALJ’s decision became the final decision of the Commissioner when the Appeals Council denied Plaintiffs request for review on April 8, 2015. (T. at 1.) Plaintiff timely commenced this action in the United States District Court for the [354]*354Northern District of New York on May 21, 2015. (Dkt. No. 1.)

II. APPLICABLE LAW

A. Standard for Benefits

To be considered disabled, a plaintiff seeking disability insurance any substantial gainful activity by reason of any medically determinable physical or mental benefits or SSI disability benefits must establish that he or she is “unable to engage in impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A) (2006). In addition, the plaintiffs

physical or mental impairment or impairments [must be] of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.

§ 1382c(a)(3)(B).

Acting pursuant to its statutory rulemaking authority (42 U.S.C. § 405(a)), the Social Security Administration (“SSA”) promulgated regulations establishing a five-step sequential evaluation process to determine disability. 20 C.F.R. § 416.920(a)(4) (2016). Under that five-step sequential evaluation process, the decision-maker determines:

(1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe impairment or combination of impairments; (3) whether the impairment meets or equals the severity of the specified impairments in the Listing of Impairments; (4) based on a “residual functional capacity” assessment, whether the claimant can perform any of his or her past relevant work despite the impairment; and (5) whether there are significant numbers of jobs in the national economy that the claimant can perform given the claimant’s residual functional capacity, age, education, and work experience.

McIntyre v. Colvin, 758 F.3d 146, 150 (2d Cir.2014). “If at any step a finding of disability or non-disability can be made, the SSA will not review the claim further.” Barnhart v. Thomas, 540 U.S. 20, 24, 124 S.Ct. 376, 157 L.Ed.2d 333 (2003).

The plaintiff-claimant bears the burden of proof regarding the first four steps. Kohler v. Astrue, 546 F.3d 260, 265 (2d Cir.2008) (quoting Perez v. Chater, 77 F.3d 41, 46 (2d Cir.1996)). If the plaintiff-claimant meets his or her burden of proof, the burden shifts to the defendant-Commissioner at the fifth step to prove that the plaintiff-claimant is capable of working. Id. (quoting Perez, 77 F.3d at 46).

B. Scope of Review

In reviewing , a final decision of the Commissioner, a court must determine whether the correct legal standards were applied and whether substantial evidence supports the decision. Featherly v. Astrue, 793 F.Supp.2d 627, 630 (W.D.N.Y.2011) (citations omitted); Rosado v. Sullivan, 805 F.Supp. 147, 153 (S.D.N.Y.1992) (citing Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir.1987)). A reviewing court may not affirm an ALJ’s decision if it reasonably doubts whether the proper legal standards were applied, even if the decision appears to be supported by substantial evidence. Johnson, 817 F.2d at 986.

A court’s factual review of the Commissioner’s final decision is limited to the determination of whether there is substantial evidence in the record to support [355]*355the decision. 42 U.S.C. § 405(g) (2012); Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir.1991). An ALJ must set forth the crucial factors justifying his findings with sufficient specificity to allow a court to determine whether substantial evidence supports the decision. Roat v. Barnhart, 717 F.Supp.2d 241, 248 (N.D.N.Y.2010); Ferraris v. Heckler, 728 F.2d 582, 587 (2d Cir.1984). “Substantial evidence has been defined as ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Williams ex rel. Williams v. Bowen, 859 F.2d 255, 258 (2d Cir.1988) (citations omitted). It must be “more than a mere scintilla” of evidence scattered throughout the administrative record. Featherly, 793 F.Supp.2d at 630; Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consol. Edison Co. v. NLRB,

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200 F. Supp. 3d 349, 2016 U.S. Dist. LEXIS 100797, 2016 WL 4094885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-colvin-nynd-2016.