Wilber T. v. Frank Bisignano, Acting Commissioner of Social Security

District Court, N.D. New York·Decided January 5, 2026·No. 3:24-cv-01445·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

WILBER T., Plaintiff, V. 3:24-cv-1445 (DJS) FRANK BISIGNANO, Acting Commissioner of Social Security, Defendant.

APPEARANCES: OF COUNSEL: LACHMAN, GORTON LAW FIRM PETER A. GORTON, ESQ. Attorney for Plaintiff Box 89 1500 East Main Street Endicott, New York 13760-0089 U.S. SOCIAL SECURITY ADMIN. MOLLY CARTER, ESQ. Attorney for Defendant 6401 Security Boulevard Baltimore, Maryland 21235 DANIEL J. STEWART United States Magistrate Judge

MEMORANDUM DECISION AND ORDER! Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking review of a decision by the Commissioner of Social Security that Plaintiff was not disabled. Dkt.

' Upon Plaintiffs consent, the United States’ general consent, and in accordance with this District’s General Order, this matter has been referred to the undersigned to exercise full ]

No. 1. Currently before the Court are Plaintiff's Motion for Judgment on the Pleadings and Defendant’s Motion for Judgment on the Pleadings. Dkt. Nos. 13, 20, & 21. For the reasons set forth below, Plaintiff's Motion for Judgment on the Pleadings is denied and Defendant’s Motion for Judgment on the Pleadings is granted. I. RELEVANT BACKGROUND A. Factual Background Plaintiff was born in 1980. Dkt. No. 12, Admin. Tr. (“Tr.”) at p. 242. He has an eleventh-grade education. Tr. at pp. 49 & 247. He has not worked in the last fifteen years. Tr. at pp. 50 & 246. In 2000, he worked as a laborer at a stone company and at a construction company, and as a stock clerk at a grocery store. Tr. at p. 247. Plaintiff alleges disability based on speech disorder, learning disability, and a broken back. Tr. at pp. 68 & 246. B. Procedural History Plaintiff applied for supplemental security income on August 2, 2021. Tr. at p. 67. He alleged a disability onset date of April 1, 1989. /d. Plaintiff's application was

initially denied on August 16, 2021. Tr. at p. 101. Reconsideration was denied on May 24, 2022, Tr. at pp. 121-123, after which Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”), Tr. at pp. 138-140. Plaintiff appeared at a hearing before ALJ Gretchen Greisler on May 31, 2023, at which Plaintiff and a vocational

jurisdiction pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. Dkt. No. 6 & General Order 18.

expert testified. Tr. at pp. 40-66. On February 14, 2024, the ALJ issued a written decision finding Plaintiff was not disabled. Tr. at pp. 22-34. On October 10, 2024, the Appeals Council denied Plaintiff's request for review, thereby making the ALJ’s decision the final decision of the Commissioner. Tr. at pp. 1-7. C. The ALJ’s Decision In her decision, the ALJ made the following findings of fact and conclusions of law. First, the ALJ found that Plaintiff had not engaged in substantial gainful activity since August 2, 2021, the application date. Tr. at p. 24. Second, the ALJ determined that Plaintiff had the following severe impairments: lumbar spine disorder, umbilical hernia with status post-surgical repair May 9, 2023, personality disorder, learning disorder, and substance use disorder. /d. Third, the ALJ concluded that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 C.F.R. § 404, Subpart P, App. 1 (the “Listings”). Tr. at p. 25. Fourth, the ALJ found that Plaintiff has the residual functional capacity to perform work at the light exertional level except that he: he can occasionally stoop, balance, crouch, crawl, kneel and climb stairs ” and ramps but cannot climb ladders, ropes or scaffolds or work at unprotected heights or in close proximity to dangerous machinery. He can perform simple, repetitive tasks at a consistent, goal-oriented pace. He can engage in occasional interaction with coworkers and supervisors after learning job tasks from an informational and demonstrational lesson. He cannot engage in interaction with the public. He can make simple decisions and tolerate occasional work changes. He can perform work that does require close coordination of others or sharing of job tasks. The claimant cannot tolerate concentrated exposure to extreme temperatures, humidity, or respiratory irritants.

Tr. at p. 27. Fifth, the ALJ found that Plaintiff has no past relevant work. Tr. at p. 32. Next, the ALJ found that transferability of job skills is not an issue because Plaintiff does not have past relevant work. /d. The ALJ then determined that, based on Plaintiffs

5 age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that Plaintiff can perform. Tr. at pp. 32-33. The ALJ, therefore, concluded that Plaintiffis not disabled. Tr. at p. 33. Il. RELEVANT LEGAL STANDARDS A. Standard of Review A court reviewing a denial of disability benefits may not determine de novo

whether an individual is disabled. 42 U.S.C. § 405(g); Wagner v. Sec’y of Health & Human Servs., 906 F.2d 856, 860 (2d Cir. 1990). Rather, the Commissioner’s determination will be reversed only if the correct legal standards were not applied, or it was not supported by substantial evidence. See Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir. 1987) (“Where there is a reasonable basis for doubt whether the ALJ applied correct legal principles, application of the substantial evidence standard to uphold a finding of no disability creates an unacceptable risk that a claimant will be deprived of the right to have her disability determination made according to the correct legal principles.”); accord Grey v. Heckler, 721 F.2d 41, 46 (2d Cir. 1983); Marcus v. Califano, 615 F.2d 23, 27 (2d Cir. 1979). “Substantial evidence” is evidence that amounts to “more than a mere scintilla,” and has been defined as “such relevant evidence

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Wilber T. v. Frank Bisignano, Acting Commissioner of Social Security, (N.D.N.Y. 2026).

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