Yeomas v. Berryhill

305 F. Supp. 3d 464
District Court, W.D. New York·Decided April 9, 2018·No. 16–CV–6431L·Published·Cited by 7 cases

Opinion

DAVID G. LARIMER, United States District Judge

Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to 42 U.S.C. § 405(g) to review the Commissioner's final determination.

On November 5, 2010, plaintiff, then forty-five years old, filed an application for supplemental security income, alleging an inability to work since January 1, 2000. (Dkt. # 8-3 at 65).1 That application ultimately resulted in a finding of "not disabled" by the Commissioner, which was remanded on or about March 10, 2015 by order of Magistrate Judge Marian W. Payson. (Dkt. # 8-9 at 566-603). See also Yeo mas v. Commissioner *466, 13-CV-6276 at Dkt. # 20. On remand, the Commissioner was instructed to consider whether the plaintiff's spinal symptoms met certain listings. On June 23, 2015, the Appeals Council issued an order vacating the decision and remanding the case for additional proceedings.

A new hearing was held on July 28, 2015, before administrative law judge ("ALJ") John P. Costello. (Dkt. # 8-8 at 523-559). On August 25, 2015, the ALJ issued a new, partially favorable determination, finding that plaintiff had not been disabled prior to June 3, 2015, but that after that date (at which point plaintiff became an "individual closely approaching advanced age" for purposes of applying the Medical-Vocational Guidelines), plaintiff became disabled, and remained so thereafter. (Dkt. # 8-8 at 494-513). That decision became the final decision of the Commissioner on April 27, 2016, after the Appeals Council granted review and affirmed the ALJ's decision. (Dkt. # 8-8 at 443-45). Plaintiff now appeals from the unfavorable portion of that decision.

The plaintiff has moved, and the Commissioner has cross moved, for judgment on the pleadings pursuant to Fed. R. Civ. Proc. 12(c). For the reasons set forth below, the Commissioner's cross motion (Dkt. # 16) is granted, plaintiff's motion (Dkt. # 11) is denied, and the complaint is dismissed.

DISCUSSION

An ALJ proceeds though a well-established five-step evaluation in determining whether a claimant is disabled within the meaning of the Social Security Act, familiarity with which is presumed. See Bowen v. City of New York , 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). The Commissioner's decision that plaintiff is not disabled must be affirmed if it is supported by substantial evidence, and if the ALJ has applied the correct legal standards. See 42 U.S.C. § 405(g) ; Machadio v. Apfel , 276 F.3d 103, 108 (2d Cir. 2002).

Here, the ALJ determined that since the alleged onset date of January 1, 2000, plaintiff has suffered from the following impairments: lumbar disc disease and stenosis, degenerative joint disease of the right knee, cognitive deficits, major depressive disorder, post-traumatic stress disorder, anxiety, chronic obstructive pulmonary disease, asthma, obesity, diabetes mellitus, and substance abuse disorder.

After reviewing of the evidence of record, the ALJ found that the plaintiff has retained the RFC to perform sedentary work, except that she can only occasionally stoop, balance, kneel, climb, crouch, and crawl. She must avoid concentrated exposure to respiratory irritants such as dust, odors, and fumes, as well as extremes in temperature and humidity. Additionally, she is limited to simple, routine tasks. (Dkt. # 8-8 at 501). When presented with this RFC, vocational expert Julie A. Andrews testified that plaintiff could perform the positions of brake linings coater and preparer. (Dkt. # 8-8 at 511-12).

A. The ALJ's Weighing of Mental RFC Opinions

Initially, plaintiff contends that the ALJ erred because he failed to resolve a "conflict" between the mental RFC opinions of record, and because he failed to explain why he gave "significant" weight to the opinion of consulting psychologist Dr. Yu-Ying Lin, but did not incorporate all aspects of that opinion into plaintiff's RFC.

First, I find that the mental RFC opinions of record which were given "significant weight" by the ALJ (that of Dr. Lin, and those of fellow consultative psychologist Dr. Adele Jones), were not so inconsistent or conflicting as to require resolution by the ALJ. Although the opinions differed *467in minor respects, both found that plaintiff had no more than mild limitations in almost all aspects of her mental, emotional and social functioning, and suggested that plaintiff was able to perform simple and routine tasks. (Dkt. # 8-7 at 301-04, 1123-27).

The only exception is a statement in Dr. Lin's opinion that plaintiff had a "moderate to marked" limitation with respect to her ability to handle stress-an ability for which Dr. Jones found no limitations, and which plaintiff argues that the ALJ erred by failing to incorporate into plaintiff's RFC. (Dkt. # 8-13 at1125).

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Yeomas v. Berryhill, 305 F. Supp. 3d 464 (W.D.N.Y. 2018).

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