Vaughn v. Colvin

116 F. Supp. 3d 97, 2015 U.S. Dist. LEXIS 102657, 2015 WL 4528458
CourtDistrict Court, N.D. New York
DecidedJuly 24, 2015
DocketNo. 12-CV-01504 WGY
StatusPublished
Cited by6 cases

This text of 116 F. Supp. 3d 97 (Vaughn 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
Vaughn v. Colvin, 116 F. Supp. 3d 97, 2015 U.S. Dist. LEXIS 102657, 2015 WL 4528458 (N.D.N.Y. 2015).

Opinion

DECISION & ORDER

WILLIAM G. YOUNG, District Judge2.

1. INTRODUCTION

Daniel Vaughn (“Vaughn”) brought this case, Compl, ECF No. 1, to challenge the decision of the Social Security Commissioner (the “Commissioner”) denying him disability insurance benefits and supplemental security income under Title II and Title XVI of the Social Security Act (the “Act”), see Soc. Sec. Admin. R./Tr. (“Admin. R”) 20-27, ECF No. 12.

A. Procedural History

On February 5, 2008, Vaughn filed an application for disability insurance benefits pursuant to Title II of the Act. Id. at 20. He also filed an application for supplemental security income pursuant to Title XVI of the Act on April 2, 2009. Id. In both applications, Vaughn listed his disability onset date as February 5, 2007. Id. His applications were denied on February 10, 2010. Id. at 20, 76-83. Vaughn filed a written request for a hearing on March 12, 2010. Id. at 20, 84. The hearing was held on January 18, 2011. Id. at 20, 95. On March 28, 2011, the administrative law judge who oversaw the hearing (the “hearing officer”) decided that Vaughn was not eligible for either disability insurance benefits or supplemental security income. Id. at 27. Vaughn appealed to the Social Security Administration’s Appeals Council, which confirmed the hearing officer’s decision on August 1, 2012. Id. at 1-6.

On October 3, 2012, Vaughn filed a timely complaint with this Court. Compl. The Commissioner filed an answer, along with a copy of the administrative record, on January 23, 2013. Def.’s Answer, ECF No. 11; Admin. R. Vaughn filed a three-line brief on March 11, 2013 in support of his appeal. Pl.’s Br., ECF No. 14. The Commissioner filed a reply brief on April 25, 2013. Def.’s Br. Pursuant Gen. Order 18 (“Def.’s Br.”), ECF. No. 16.

B. Factual History

In his applications for benefits, Vaughn alleged that several conditions limited his ability to work: a congenital hip deformity with the left leg shorter than the right; cerebral palsy resulting in his whole left side being smaller than the right side and in a lack of coordination; pain in his lower back, hips, knees, and the back of his thighs; attention deficit hyperactivity disorder (“ADHD”); depression; panic and anxiety attacks; and arthritis. Id. at 151. Vaughn also alleged that these conditions limited him because he had no coordination, that general movement caused him pain, that he could not sit or stand for long periods of time, and that he could not bend over to pick things up. Id.

In a disability report dated October 20, 2009, id. at 150-159, and in psychiatric evaluations issued by licensed psychologist Kristen Barry, Ph.D. (“Dr. Barry”) dated March 14, 2008, id. at 460-464, and January 21, 2010, id. at 412-421, Vaughn reported that he completed the eighth grade, was in special education classes, and had earned a GED diploma. Id. at 157, 412. He also stated that he last worked in April [100]*1002006 doing assembly work for two weeks. Id. at 151-152, 412. Before that, Vaughn also worked as a “floor cleaner/janitor,” id. at 152, 412, 485, and as a crew member in a fast food restaurant, id. at 152, 412. In an intelligence evaluation conducted by Dr. Barry on February 21, 2010, Vaughn received a full scale IQ seore of 86. Id. at 419. Other medical evidence appearing in the record — the relevance of which will be explained in greater detail below — includes a report issued by Dr. Mark Ohl, M.D. (“Dr. Ohl”) on July 20, 2010, id. at 485-486, and two reports issued by Dr. Kalyani Ganesh, M.D. (“Dr. Ganesh”) on March 14, 2008, id. at 465-468, and on January 21, 2010, id. at 407-410.

II. LEGAL FRAMEWORK
A. Standard of Review

“The Court’s role in reviewing a social security disability case is to determine whether appropriate legal standards were applied and assess whether the administrative officer’s findings of fact are supported by substantial evidence.” Aregano v. Astrue, 882 F.Supp.2d 306, 314 (N.D.N.Y.2012); see also Moran v. Astrue, 569 F.3d 108, 112 (2d Cir.2009). There is legal error “where there is a reasonable basis for doubting whether the Commissioner applied the appropriate legal standards.” Walsh v. Colvin, No. 12-cv-00933 (WGY), 2014 WL 1239117, at *7 (N.D.N.Y. Mar. 25, 2014) (quoting Martone v. Apfel, 70 F.Supp.2d 145, 148 (N.D.N.Y.1999) (Hurd, J.)). Substantial evidence means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”' Selian v. Astrue, 708 F.3d 409, 417 (2d Cir.2013). Thus, the hearing officer’s findings of fact must be upheld unless “a reasonable factfinder would have to conclude otherwise.” Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir.2012) (emphasis in original) (quoting Warren v. Shalala, 29 F.3d 1287, 1290 (8th Cir.1994)) (internal quotation marks-omitted). The application of the correct legal standard and the requirement of substantial evidence must both be satisfied. See Walsh, 2014 WL 1239117, at *1 (citing Martone, 70 F.Supp.2d at 148).

B. Social Security Disability Standard

To be found disabled under the Act, a claimant must be unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental 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. § 423(d)(1)(A); id. § 1382c(a)(3)(A). To determine whether a claimant meets this definition, the Commissioner employs a five-step sequential analysis that answers the following questions: (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 (“RFC”) 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 RFC, age, education, and work experience. 20 C.F.R. § 404.1520(a)(4); id. § 416.920(a)(4). The claimant has the burden of proof throughout the sequential evaluation until step five, when the burden shifts to the Commissioner. McIntyre v. Colvin, 758 F.3d 146, 150 (2d Cir.2014).

III. THE HEARING OFFICER’S DECISION

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116 F. Supp. 3d 97, 2015 U.S. Dist. LEXIS 102657, 2015 WL 4528458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughn-v-colvin-nynd-2015.