Wallace v. Colvin

120 F. Supp. 3d 300, 2015 U.S. Dist. LEXIS 103190, 2015 WL 4662919
CourtDistrict Court, W.D. New York
DecidedAugust 6, 2015
DocketNo. 14-CV-6367L
StatusPublished
Cited by5 cases

This text of 120 F. Supp. 3d 300 (Wallace v. Colvin) 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
Wallace v. Colvin, 120 F. Supp. 3d 300, 2015 U.S. Dist. LEXIS 103190, 2015 WL 4662919 (W.D.N.Y. 2015).

Opinion

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

Plaintiff, Yasmyne Brianna Evelyn Wallace (“plaintiff’), brings this action under 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security (“the Commissioner”) that she is not disabled under the Social Security Act, and therefore, is not entitled to Social Security disability and supplemental security income benefits.

Plaintiff initially applied for Social Security disability benefits on February 23, 2011, listing a disability onset date of January 15, 2010. (T. 20).1 Plaintiffs application was initially denied. Plaintiff requested a hearing, which was held November 6, 2012 before Administrative Law Judge (“ALJ”) Lawrence Levey. ALJ Levey issued a decision dated December 18, 2012, finding that plaintiff was not disabled. (T. 20-27). ALJ Levey’s decision became the final decision of the Commissioner when the Appeals Council denied plaintiffs request for review on May 7, 2014. (T. 1-3). This action followed.

The plaintiff has moved, (Dkt. # 8) and the Commissioner has cross-moved (Dkt. # 11) for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. As discussed below, the Commissioner’s decision is reversed, and the matter is remanded for further proceedings.

DISCUSSION

I. Standard for Determining Disability

A person is considered disabled when he is 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 12 months____” 42 U.S.C. § 423(d)(1)(A). In order to determine whether a claimant is disabled, an ALJ employs a five-step inquiry:

The first step determines whether the claimant is engaged in ‘substantial gainful activity.’ If he is, benefits are denied. If he is not engaged in such activity, the process moves to the second step, which decides whether the claimant’s condition or impairment is ‘severe’ — i.e., one that significantly limits his physical or mental ability to do basic work activities. If the impairment is not severe, benefits are denied. If the im[303]*303pairment is severe, the third step determines whether the claimant’s impairments meet or equal those set forth in the ‘Listing . of Impairments’,.. contained in subpart P, appendix 1, of the regulations.... If the. claimant’s impairments are not listed, the process moves to the fourth step, which assesses the individual’s ‘residual functional capacity’ (RFC); this assessment measures the claimant’s capacity to engage in basic work activities. If the claimant’s RFC permits him to perform his prior work, benefits are denied. If the claimant is not capable of doing his past work, a decision is made under the fifth and final step whether, in light of his RFC, age, education, and work experience, he has the capacity to perform other work. If he does not, benefits are awarded.

Bowen v. City of New York, 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986) (citations omitted).,

It is well-settled that plaintiff bears the burden of proof at the first four steps of the analysis. At thé fifth and final stage of this process, the burden shifts to the Commissioner to prove that the claimant is capable of performing other work that exists in the national economy. See Schaal v. Apfel, 134 F.3d 496, 501 (2d Cir.1998); Perez v. Chater, 77 F.3d 41, 46 (2d Cir.1996).

II. The ALJ’s Decision

Plaintiff was born October 11, 1989 and is presently twenty-five years old. She has a sixth-grade special education and no past relevant work. (T. 67).

At the first step, the ALJ found that plaintiff had not engaged in any substantial gainful activity sinee her application date of February 23, 2011, and in fact, that plaintiffs record of work activity was “virtually non-existent.” At steps two and three, the ALJ concluded that plaintiff had severe impairments, consisting of asthma, “possible” borderline intellectual functioning, affective disorder, anxiety disorder, and polysubstance abuse, which did not meet or equal- a listed impairment. (T. 22). The ALJ specifically applied the “special’ technique” for mental impairments, finding that plaintiff was mildly restricted in activities of daily living, moderately restricted in social functioning and in concentration, persistence and pace, and had experienced no episodes of decompen-sation.

At step four, the ALJ concluded that plaintiff retained the RFC to perform a full range of work at all exertional levels, with the following non-exertional limitations: ■ avoiding concentrated exposure to environmental .irritants, limited to performing simple, routine and repetitive tasks, in a work environment free of fast-paced production requirements, limited to simple work-related decisions, with few if any changes in the workplace, no personal interaction with the general public, and no more than occasional and non-intensive interpersonal interaction with coworkers and supervisors. (T. 24).

At step five, the ALJ considered testimony from vocational expert Peter Manzi, and concluded, based on plaintiffs age, educatioh, and work experience, that plaintiff was not disabled, because she retained the RFC to perform work existing in significant numbers in the national economy, including' the positions of laundry sorter, photocopy machine Operator, and collator operator. ■ ’. ■:

III. Standards of Review

The Commissioner’s decision that plaintiff is not disabled must be affirmed if it applies the correct legal standards and is supported, by substantial evidence. 42 U.S.C. § 405(g); Shaw v. Chater, 221 F.3d 126, 131 (2d Cir.2000); [304]*304Balsamo v. Chater, 142 F.3d 75, 79 (2d Cir.1998). 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), quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938).

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120 F. Supp. 3d 300, 2015 U.S. Dist. LEXIS 103190, 2015 WL 4662919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-colvin-nywd-2015.