Stewart v. Apfel

996 F. Supp. 186, 1998 WL 105649
CourtDistrict Court, N.D. New York
DecidedMarch 9, 1998
DocketNo. 95-CV-403
StatusPublished

This text of 996 F. Supp. 186 (Stewart v. Apfel) 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
Stewart v. Apfel, 996 F. Supp. 186, 1998 WL 105649 (N.D.N.Y. 1998).

Opinion

MEMORANDUM-DECISION and ORDER

HURD, United States Magistrate Judge.

This matter is brought pursuant to §§ 205(g) and 1631(b)(3) of the Social Security Act (“Act”), as amended, 42 U.S.C. §§ 405(g) and 1383(c)(3), to review a final determination of the Commissioner of Social Security denying plaintiffs claims of Social Security Disability Insurance and Supplemental Security Income. The parties have filed their briefs, including the Administrative Record on Appeal, and the matter has been submitted to this Court without oral argument.

I. PROCEDURAL HISTORY

In 1992 the plaintiff filed an application for Supplemental Security Income and Social Security Disability Insurance pursuant to Title II and Title XVI of the Social Security Act. The plaintiff claimed to be disabled and un[188]*188able to work as a result of a musculoskeletal impairment, personality disorder, and a borderline intelligence. Despite the plaintiffs complaints, his application for Supplemental Security Income and Social Security Disability Insurance was denied on March 12, 1993. On June 1,1993, plaintiffs request for reconsideration was denied. Consequently, the plaintiff requested a hearing before an Administrative Law Judge (“ALJ”).

On October 1, 1993, a hearing was held before ALJ Joseph F. Gibbons. In a decision dated November 22, 1993, the ALJ determined that the plaintiff was not entitled to disability benefits. Following a request for review, on April 19, 1994, the Appeals Council vacated the hearing decision and remanded the case to the ALJ for further consideration. Thus, on June 28, 1994, ALJ Gibbons conducted a supplemental hearing, and pursuant to the remand by the Appeals Council, obtained testimony from a Vocation Expert. As a result, on August 25, 1994, the ALJ again determined that the plaintiff was not entitled to receive disability benefits.

The decision of the ALJ became the final decision of the Commissioner when the Appeals Council denied the plaintiffs request for review on February 8, 1995. Plaintiff now brings this appeal. This Court must determine if the findings of the Commissioner of Social Security are supported by substantial evidence.

II. FACTS

This court adopts the facts set forth in the plaintiffs brief with any exceptions as noted.

III. CONTENTIONS

Plaintiff contends that the ALJ’s decision was erroneous for the following reasons:

1. The ALJ’s decision failed to find that the medical evidence in the nature of the consultative examinations, supported by the testimony of the plaintiff and his wife, sufficiently meet or equaled the listing for a personality disorder entitling plaintiff to disability benefits.
2. The ALJ failed to properly consider or evaluate the severity of the plaintiffs impairments including their combined effect.
3. The ALJ failed to accurately present plaintiffs impairments and functional limitations to the Vocational Expert.

IV. DISCUSSION

A. Standard of Review

A court’s review of the Commissioner’s final decision is limited to determining whether there is substantial evidence in the record to support such decision. Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir.1991). Substantial evidence is “such relevant evidence as a reasonable person might accept as adequate to support a conclusion.” Id. (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). “To determine on appeal whether an ALJ’s findings are supported by substantial evidence, a reviewing court considers the whole record, examining the evidence from both sides, because an analysis of the substantiality of the evidence must also include that which detracts from its weight.” Williams v. Bowen, 859 F.2d 255, 258 (2d Cir.l988)(citing Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951), Mongeur v. Heckler, 722 F.2d 1033, 1038 (2d Cir. 1983)). However, a reviewing court must not substitute its own interpretation of the administrative record so long as there exists substantial support for the decision in the record. Id.

Additionally, the scope of review involves determining both whether the Commissioner has applied the correct legal standard, and whether the determination is supported by substantial evidence. Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir. 1987). Thus, where there is a reasonable basis for doubting whether the Commissioner applied the appropriate legal standards, even if the ultimate decision may be arguably supported by substantial evidence, the Commissioner’s decision may not be affirmed. Id. at 986.

B. Five-Step Disability Determination

The regulations of the Secretary mandate that the ALJ follow a five step [189]*189evaluation process to determine whether an individual is disabled.3 See Social Security Admin., HHS Federal Old-age, Survivors and Disability Insurance Regulations, 20 C.F.R. §§ 404.1520, 416.920. Step One requires the ALJ to determine whether the claimant is presently engaged in substantial gainful activity (“SGA”). §§ 404.1520(b), 416.920(b). If a claimant is engaged in SGA, he will not be considered disabled. However, if the claimant is not engaged in SGA, Step Two requires the ALJ to determine whether the claimant has a severe impairment. §§ 404.1520(e), 416.920(c). If the claimant is found to suffer from a severe impairment, Step Three requires the ALJ to determine whether the claimant’s impairment meets or equals an impairment listed in Appendix 1, Subpart P. §§ 404.1520(d), 416.920(d). If the impairment meets or equals a listed impairment, the claimant is presumptively disabled. Ferraris v. Heckler, 728 F.2d 582, 584 (2d Cir.1984). If the claimant is not presumptively disabled, at Step Four the ALJ must consider whether claimant’s residual functional capacity (“RFC”) precludes the performance of his past relevant work. §§ 404.1520(e), 416.920(e). At Step Five, the ALJ must determine whether the claimant can do any other work. §§ 404.1520(f),. 416.920(f).

The claimant has the burden of showing he cannot perform past relevant work. Ferraris, 728 F.2d at 584. However, once the claimant meets that burden, benefits can only be denied by showing, by specific reference to medical evidence, that the claimant can perform some less demanding work. See White v.

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996 F. Supp. 186, 1998 WL 105649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-apfel-nynd-1998.