Winder v. Berryhill

369 F. Supp. 3d 450
CourtDistrict Court, E.D. New York
DecidedMarch 29, 2019
Docket2:17-cv-01283 (ADS)(AYS)
StatusPublished
Cited by14 cases

This text of 369 F. Supp. 3d 450 (Winder v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winder v. Berryhill, 369 F. Supp. 3d 450 (E.D.N.Y. 2019).

Opinion

ARTHUR D. SPATT, United States District Judge

On March 7, 2017, plaintiff Anne Winder (the "Plaintiff") commenced this action pursuant to 42 U.S.C. § 405(g) for review of the final decision of Nancy A. Berryhill, the Acting Commissioner of the Social Security Administration (the "Defendant"), finding that she is not entitled to disability insurance benefits under Title II of the Social Security Act (the "Act").

On September 26, 2018 the Court referred the parties' cross motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure ("FED. R. CIV. P." or "Rule") 12(c) to United States Magistrate Judge Anne Y. Shields.

On February 26, 2019 Judge Shields issued a Report and Recommendation ("R & R"), recommending that the Court grant the Defendant's motion, deny the Plaintiff's motion, and affirm the decision of the Defendant.

Presently before the Court are the Plaintiff's objections to the R & R. For the reasons stated below, the Court overrules the Plaintiff's objections and adopts the R & R in its entirety.

I. BACKGROUND

A. THE ALJ DECISION

The Plaintiff filed an application for Social Security Disability Insurance Benefits *453on September 20, 2013, alleging disability and inability to work from November 14, 2004 due to: carpal tunnel syndrome, trigger fingers, bipolar disorder, and type II diabetes.

On October 28, 2013, the Social Security Administration ("SSA") denied the Plaintiff's application.

On December 24, 2013, the Plaintiff filed a request for a hearing before an administrative law judge.

On January 16, 2015, the Plaintiff appeared with counsel for a hearing before Administrative Law Judge Alan B. Berkowitz (the "ALJ").

On May 7, 2015, the ALJ found that the Plaintiff was not disabled under the five-step sequential evaluation process for determining whether a claimant's impairment meets the definition of "disability." See 20 C.F.R. § 404.1520.

a. At Step One, the ALJ found that the Plaintiff had not engaged in "substantial gainful activity" during the period from her alleged onset date (November 14, 2004) through the date last insured (June 30, 2010).

b. At Step Two, the ALJ determined that the Plaintiff's "right carpal tunnel syndrome" qualified as a "severe impairment" pursuant to 20 C.F.R. § 404.1520(c).

c. At Step Three, the ALJ found that the Plaintiff "did not have an impairment or combination of impairments" that equaled one of the per se disabling conditions enumerated in 20 C.F.R. Pt. 404, Subpart P, App. 1 of the Act's regulations.

d. At Step Four, after careful consideration of the entire record, the ALJ determined that the Plaintiff had the residual functional capacity ("RFC") to perform light work, as set forth in 20 C.F.R. 404.1567(b), except that she is "limited to only occasional use of [her] dominant right hand for gripping, grasping, and turning objects."

e. Finally, at Step Five, abiding the testimony of the vocational expert ("VE"), the ALJ determined that the Plaintiff was unable to perform "any past relevant work." 20 C.F.R. § 404.1565. However, the ALJ also found that, "considering [the Plaintiff's] age, education, work experience, and [RFC]," there are a "significant number [of jobs] in the national economy" that the Plaintiff can perform and that are available to her.

On May 9, 2015, the Plaintiff filed a request for review. On January 19, 2017, the Appeals Council denied the request. On March 7, 2017, the Plaintiff commenced this action pursuant to 42 U.S.C. § 405(g) for review of the May 7, 2015 ALJ decision.

B. THE R & R.

The R & R found that, in finding that the Plaintiff was not disabled under the Act, the ALJ correctly applied the five-step framework, rejecting the Plaintiff's arguments that he: (i) denied her a supplemental hearing to challenge the consultative examiner's testimony; (ii) erred by determining that her "trigger fingers, cubital tunnel syndrome, and cervical radiculopathy" were not also severe impairments; (iii) arbitrarily assigned "great" weight to the testimony of medical expert, Dr. Louis Fuchs ("Dr. Fuchs") thus, a fortiori, ignoring the "great" weight to be accorded to the medical testimonies of Dr. William A. Healy, III ("Dr. Healy"), an orthopedic surgeon, and two neurologists, Dr. Max Rudansky ("Dr. Rudansky") and Dr. Suja Johnkutty ("Dr. Johnkutty"); (iv) misconstrued her credibility; and (v) lacked a substantial evidentiary basis for concluding that she could perform other work.

*454C. THE PLAINTIFF'S OBJECTIONS.

The Plaintiff objects that the R & R: (i) erred by finding the ALJ's determination of one severe impairment instead of four to be substantially supported by evidence derived from the record as a whole; (ii) failed to give controlling weight, or greater weight to Dr. Healy's opinion than Dr. Fuchs's; (iii) erred by upholding the ALJ's assessment of the Plaintiff's credibility; and (iv) improperly concluded at Step Five that the Appellant had the residual function capacity to perform light work with few limitations.

II. DISCUSSION

A. DISTRICT COURT REVIEW OF A MAGISTRATE JUDGE'S R & R

In the course of its review of a Magistrate Judge's report and recommendation, the District Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636 (b)(1) ; see DeLuca v. Lord , 858 F.Supp. 1330, 1345 (S.D.N.Y. 1994).

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Bluebook (online)
369 F. Supp. 3d 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winder-v-berryhill-nyed-2019.