Wilson v. Colvin

213 F. Supp. 3d 478, 2016 U.S. Dist. LEXIS 137077, 2016 WL 5661973
CourtDistrict Court, W.D. New York
DecidedOctober 3, 2016
DocketNo. 6:15-cv-06377(MAT)
StatusPublished
Cited by42 cases

This text of 213 F. Supp. 3d 478 (Wilson 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
Wilson v. Colvin, 213 F. Supp. 3d 478, 2016 U.S. Dist. LEXIS 137077, 2016 WL 5661973 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

HONORABLE MICHAEL A. TELESCA, United States District Judge

INTRODUCTION

Represented by counsel, Kevin Renard Wilson (“Plaintiff’) brings this action pursuant to Titles II and XVI of the Social Security Act (“the Act”), seeking review of the final decision of the Commissioner of Social Security (“the Commissioner”) de[481]*481nying his application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). This Court has jurisdiction over the matter pursuant to 42 U.S.C. §§ 405(g), 1383(c).

PROCEDURAL STATUS

On May 18, 2012, Plaintiff protectively filed applications for DIB and SSI, alleging disability beginning on June 9, 2011. After the applications were denied on July 25, 2012, Plaintiff requested- a hearing, which was held on January 28, 2014, before Administrative Law Judge John P. Costello (“the ALJ”). Plaintiff appeared with his attorney and testified, as did impartial vocational expert Peter Manzi (“the VE”). T.36-75.1 The ALJ issued an unfavorable decision on March 14, 2014. T.10-22. On April 27, 2015, the Appeals Council denied Plaintiffs request for review, making the ALJ’s decision the Commissioner’s final decision. Plaintiff timely commenced this action.

The parties have cross-moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. In connection with their motions, the parties have summarized the administrative transcript in their briefs, and the Court adopts and incorporates these factual summaries by reference. The record evidence will be discussed in further detail below, as necessary to the resolution of the parties’ contentions.

For the reasons discussed below, the Commissioner’s decision is reversed, and the matter is remanded for the calculation and payment of benefits.

THE ALJ’S DECISION

At step one of the five-step sequential evaluation, the ALJ found that Plaintiff meets the insured status requirements of the Act through December 31, 2014, and had not engaged in substantial gainful activity since June 9, 2011. Plaintiff had worked from February 12, 2012, to April 13, 2012, at St. Mary’s Hospital as a care assistant. He did not miss any work but reportedly had chest pain and back pain in April, which caused him to see emergency room attention. He was unable to return to work due to back pain.

At step two, the ALJ found that Plaintiff has the following “severe” impairments: spinal stenosis, neck and low back sprain, partial meniscectomy, “tight knee”, adjustment disorder, and post-traumatic stress disorder (“PTSD”).

At the third step, the ALJ determined that none of Plaintiff’s impairments, considered singly or in combination, meets or medically equals a listed impairment. The ALJ gave particular consideration to Listings 1.02 (Dysfunction of a major joint), 1.04 (Disorders of the spine), and 12.04 (Affective disorders). In the domains of functioning pertinent to mental impairments, the ALJ found that Plaintiff has a mild restriction in activities of daily living; mild difficulties in social functioning; moderate difficulties in maintaining concentration, persistence or pace; and had not experienced any episodes of decompensation.

The ALJ proceeded to assess Plaintiff as having the residual functional capacity (“RFC”) to perform light work, except that he is able to “occasionally” climb stairs, ladders, ropes, and scaffolds; “occasionally” balance, kneel, crouch, and crawl; and is limited to “simple tasks.”

At step four, the ALJ stated that Plaintiff was a “younger individual” on the alleged disability onset date with at least a [482]*482high school education. He did not have any past relevant work.

At the fifth step, the ALJ relied on the VE’s testimony to find that, given Plaintiffs age, education, work experience, and RFC, there are jobs that exist in significant numbers in the national economy that he can perform, including such representative occupations as laundry sorter (light exertion, SVP of 2) and photocopy operator (light exertion, SVP of 2). Accordingly, the ALJ entered a finding of not disabled.

SCOPE OF REVIEW

When considering a claimant’s challenge to the Commissioner’s decision denying benefits under the Act, a district court must accept the Commissioner’s findings of fact, provided that such findings are supported by “substantial evidence” in the record. See 42 U.S.C. § 405(g) (the Commissioner’s findings “as to any fact, if supported by substantial evidence, shall be conclusive”). The reviewing court nevertheless must scrutinize the whole record and examine evidence that supports or detracts from both sides. Tejada v. Apfel, 167 F.3d 770, 774 (2d Cir. 1999) (citation omitted). “The deferential standard of review for substantial evidence does not apply to the Commissioner’s con clusions of law.” Byam v. Barnhart, 336 F.3d 172, 179 (2d Cir. 2003) (citing Townley v. Heckler, 748 F.2d 109, 112 (2d Cir. 1984)). “Failure to apply the correct legal standards is grounds for reversal.” Townley, 748 F.2d at 112; see also, e.g., Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir. 1987) (“The scope of review of a disability determination .. .involves two levels of inquiry... .We must first decide whether [the Commissioner] applied the correct legal principles in making the determination. We must then decide whether the determination is supported by ‘substantial evidence.’ ”) (internal citations omitted; quotation omitted).

DISCUSSION

I. Errors in Weighing Opinions by Plaintiffs Treating Physicians

Plaintiff argues that the ALJ erroneously discounted the two opinions offered by primary care physician Dr. Lisa Harris, and the opinion provided by treating psychologist Dr. Lauren DeCaporale-Ryan. See T.18-19.

“[T]he treating physician rule generally requires deference to the medical opinion of a claimant’s treating physician[.]” Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004) (per curiam) (internal and other citations omitted). A corollary to the treating physician rule is the so-called “good reasons rule,” which is based on the regulations specifying that “the Commissioner “will always give good reasons’ ” for the weight given to a treating source opinion. Halloran, 362 F.3d at 32 (quoting 20 C.F.R. § 404.1527(d)(2); citing 20 C.F.R. § 416.927(d)(2); citation omitted). “Those good reasons must be ‘supported by the evidence in the case record, and must be sufficiently specific....’” Blakley v. Commissioner of Social Sec., 581 F.3d 399, 406 (6th Cir.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
213 F. Supp. 3d 478, 2016 U.S. Dist. LEXIS 137077, 2016 WL 5661973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-colvin-nywd-2016.