Westfall v. Commissioner of Social Security

District Court, W.D. New York·Decided September 23, 2025·No. 1:22-cv-00730·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ______________________________________

GARRETT JAMES W.,1

DECISION AND ORDER Plaintiff,

1:22-cv-00730 (JJM) v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

______________________________________

This is an action brought pursuant to 42 U.S.C. §§405(g) and 1383(c)(3) to review the final determination of the Commissioner of Social Security that plaintiff was not entitled to disability insurance benefits (“DIB”) or supplemental security income (“SSI”) benefits. Before the court are the parties’ cross-motions for judgment on the pleadings [9, 11]. 2 The parties have consented to my jurisdiction [14]. Having reviewed the parties’ submissions [9, 11, 12], the Commissioner’s motion is granted and plaintiff’s motion is denied.

1 In accordance with the guidance from the Committee on Court Administration and Case Management of the Judicial Conference of the United States, which was adopted by the Western District of New York on November 18, 2020 in order to better protect personal and medical information of non- governmental parties, this Decision and Order will identify the plaintiff by first name and last initial. 2 Bracketed references are to the CM/ECF docket entries. Page references to the administrative record are to the Bates numbering. All other page references are to the CM/ECF pagination (upper right corner of the page). BACKGROUND The parties’ familiarity with the 3,633-page Administrative Record [4, 5, 6] is presumed. Plaintiff filed an application for DIB and SSI in February 2016, alleging a disability beginning on January 1, 2015, due to herniated thoracic discs, Scheuermanns Kyphosis disease, herniated cervical disc, torn muscles in the shoulder, torn cartilage, and hypermobility in the

lower back. Administrative Record at 196, 203, 237. This matter was previously remanded by a Decision and Order from this court. Id. at 2689; see also Garrett W. v. Commissioner, 2021 WL 821833 (W.D.N.Y. 2021). The Decision and Order found that the Administrative Law Judge (“ALJ”) erred when he failed to consider the opinions of independent medical examiners James W. Faulk, MD and Donald Paarlberg, MD. Id. at 2700. Accordingly, the Appeals Council “vacate[d] the final decision of the Commissioner of Social Security and remand[ed] this case to an [ALJ] for further proceedings consistent with the order of the court”. Id. at 2705. In addition, it instructed the ALJ to “offer the claimant the opportunity for a hearing” and to “take any further action needed to complete the administrative record and issue a new decision”. Id.

Thereafter, ALJ Bryce Baird held an administrative hearing on January 10, 2022. Id. at 2562-2613 (transcript of hearing). Plaintiff, who was represented by an attorney, testified along with a vocational expert (“VE”) and a medical expert. Id. at 2567-80, 2583-2604, 2605- 12. ALJ BAIRD’S DECISION On May 26, 2022, ALJ Baird issued a decision concluding that plaintiff was not disabled. Id. at 2539-53. To reach that determination, he found that plaintiff’s severe impairments were cervical, thoracic, and lumbar degenerative disease; asthma; cirrhosis of the liver; and depression. Id. at 2542.3 He concluded plaintiff had the residual functional capacity (“RFC”) to perform light work, with additional limitations: “[C]laimant has the [RFC] to perform light work . . . except he can never climb ladders, ropes, or scaffolds, and can no more than occasionally climb ramps or stairs. He can never crawl and can only occasionally balance, stoop, kneel, or crouch. He can perform no twisting. The claimant is limited to occasional reaching with the dominant right upper extremity. The claimant must avoid concentrated exposure to pulmonary irritants such as odors, fumes, dusts, gases, and poor ventilation, and must avoid any exposure to excessive vibration or hazards. He cannot perform any work requiring him to drive a vehicle. The claimant is limited to simple, routine tasks that can be learned after a short demonstration or within 30 days.”

Id. at 2545.

OPINION AND OTHER EVIDENCE Among the opinions that ALJ Baird considered in his analysis to arrive at the RFC were the January 2022 and May 2016 opinions of plaintiff’s treating pain management physician, Dr. Brooke Kelly, D.O.4 Id. at 2549 (referencing id. at 1357-59 and 3247-51). Dr. Kelly’s May 2016 report was issued on a form used to report maximum medical improvement for workers’ compensation injuries. In it, she identified the diagnoses related to plaintiff’s work- related injury (i.e. plaintiff’s thoracic spine injury) and the physical findings and diagnostic test results that supported her opinion. Id. at 1357-58. The last page of her report includes a checkbox form upon which she opines that plaintiff is limited to lifting, carrying, pushing, and pulling up to 20 pounds occasionally, defined by the form as “can perform activity up to 1/3 of

3 Plaintiff does not challenge these findings. 4 Because plaintiff’s arguments focus on the ALJ’s treatment of these opinions, I focus here on these opinions. Plaintiff does not challenge the ALJ’s treatment of other opinions in the record. the time”. Id. at 1359. She opined that plaintiff had no limitations performing the remaining activities listed, including sitting, standing, walking, climbing, kneeling, bending/stooping/squatting, reaching overhead, and reaching at/or below shoulder level. Id. Finally, she stated that plaintiff was capable of “light work”, defined therein as, inter alia, “[e]xerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently

and/or negligible amount of force constantly to move objects”. Id. at 1359. On January 19, 2022, Dr. Kelly completed a Physical Treating Medical Source Statement. Administrative Record at 3247-51. She stated that she had been seeing plaintiff monthly since June 2011. Id. at 3247. Plaintiff’s pain or other symptoms were capable of interfering occasionally with the attention or concentration needed to perform even simple work tasks. Id. at 3248. He could walk five city blocks without rest or severe pain. He could sit, stand, and walk for up to 6 hours during an 8-hour workday, but may need to get up, or sit down, after sitting or standing for approximately one hour. Id. at 3248-49. She opined that plaintiff would need to walk for approximately 5 minutes every hour, and would need to take

Free access — add to your briefcase to read the full text and ask questions with AI

Westfall v. Commissioner of Social Security, (W.D.N.Y. 2025).

Westfall v. Commissioner of Social Security (Westfall v. Commissioner of Social Security) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Burgess v. Astrue
537 F.3d 117 (Second Circuit, 2008)
United States v. Sekhar
683 F.3d 436 (Second Circuit, 2012)
Talavera v. Comm’r of Social Security
697 F.3d 145 (Second Circuit, 2012)
Matta v. Astrue
508 F. App'x 53 (Second Circuit, 2013)
Camille v. Colvin
652 F. App'x 25 (Second Circuit, 2016)