Thomas v. Berryhill

337 F. Supp. 3d 235
CourtDistrict Court, W.D. New York
DecidedOctober 2, 2018
Docket16-CV-6244L
StatusPublished
Cited by33 cases

This text of 337 F. Supp. 3d 235 (Thomas v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Berryhill, 337 F. Supp. 3d 235 (W.D.N.Y. 2018).

Opinion

DAVID G. LARIMER, United States District Judge

PRELIMINARY STATEMENT

Plaintiff Angela Rena Jean Thomas ("Thomas") brings this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Commissioner of Social Security (the "Commissioner") denying her application for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). (Dkt. # 1).

On August 16, 2012, Thomas protectively filed an application for a period of disability and DIB and SSI alleging disability beginning on March 1, 2011, due to anxiety and depression. (Tr. 174-181, 226).1 On December 10, 2012, the Social Security Administration denied Thomas's application, finding that she was not disabled. (Tr. 80-87). Thomas requested and was granted a hearing before Administrative Law Judge Michael W. Devlin (the "ALJ"). (Tr. 78-79, 88-95, 99-115). The ALJ conducted the hearing on October 2, 2014, at which Thomas and vocational expert Julie A. Andrews (the "VE") appeared and testified. (Tr. 17-31, 32-50). In a decision dated December 30, 2014, the ALJ found that Thomas was not disabled and was not entitled to benefits. (Tr. 17-31). On February 17, 2016, the Appeals Council denied Thomas's request for a review of the ALJ's decision, making the Commissioner's decision final. (Tr. 1-4). Thomas commenced this action on April 12, 2016, seeking review of the Commissioner's decision. (Dkt. # 1).

Currently before the Court are the parties' motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. ## 11; 13). For the reasons set forth below, Thomas's motion (Dkt. # 11) is denied, and the Commissioner's cross motion (Dkt. # 13) is granted. Thomas's Complaint (Dkt. # 1), therefore, is dismissed with prejudice.

DISCUSSION

I. Relevant Standards

Determination of whether a claimant is disabled within the meaning of the Act follows a well-known five-step sequential evaluation, familiarity with which is presumed. See *239Bowen v. City of New York , 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). See 20 C.F.R. §§ 404.1520, 416.920. The Commissioner's decision that a plaintiff is not disabled must be affirmed if it is supported by substantial evidence, and if the ALJ applied the correct legal standards. See 42 U.S.C. § 405(g) ; Machadio v. Apfel , 276 F.3d 103, 108 (2d Cir. 2002). Substantial evidence is defined as "more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

In determining whether the ALJ's decision rests on substantial evidence, "[t]he Court carefully considers the whole record, examining evidence from both sides 'because an analysis of the substantiality of the evidence must also include that which detracts from its weight.' " Tejada v. Apfel , 167 F.3d 770, 774 (2d Cir. 1999) (quoting Quinones v. Chater , 117 F.3d 29, 33 (2d Cir. 1997) ). Still, "[i]t is not the function of a reviewing court to decide de novo whether a claimant was disabled[.]" Melville v. Apfel , 198 F.3d 45, 52 (2d Cir. 1999). "Where the Commissioner's decision rests on adequate findings supported by evidence having rational probative force, [the court] will not substitute [its] judgment for that of the Commissioner." Veino v. Barnhart , 312 F.3d 578, 586 (2d Cir. 2002).

The same level of deference is not owed to the Commissioner's conclusions of law. See Townley v. Heckler , 748 F.2d 109, 112 (2d Cir. 1984). This Court must independently determine if the Commissioner's decision applied the correct legal standards in determining that the plaintiff was not disabled. "Failure to apply the correct legal standards is grounds for reversal." Townley , 748 F.2d at 112. Therefore, this Court first examines the legal standards applied, and then, if the standards were correctly applied, considers the substantiality of the evidence. See Johnson v. Bowen , 817 F.2d 983, 985 (2d Cir. 1987).

II. The ALJ's Decision

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337 F. Supp. 3d 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-berryhill-nywd-2018.