Barringer v. Commissioner of Social Sec.

• Decision Date: 24 February 2005
• Docket Number: No. 6:00-CV338GLS.,6:00-CV338GLS.
• Citation: 358 F.Supp.2d 67
• Parties: Alison M. BARRINGER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
• Court: U.S. District Court — Northern District of New York

358 F.Supp.2d 67

Alison M. BARRINGER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

No. 6:00-CV338GLS.

United States District Court, N.D. New York.

February 24, 2005.

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Conboy, McKay Law Firm (Lawrence D. Hasseler, Esq., of Counsel), Watertown, NY, for Plaintiff.

Glenn T. Suddaby, United States Attorney (William H. Pease, Esq., Assistant U.S. Attorney, of Counsel), Syracuse, NY, for Defendant.

DECISION AND ORDER

SHARPE, District Judge.

I. Introduction

Alison Barringer alleges that degenerative disc disease and pain in her lower back, right hip and knee have disabled her, and challenges the denial of benefits by the Commissioner of Social Security.¹ Having reviewed the administrative record, the court affirms the Commissioner's decision.

II. Procedural History

After Barringer filed for supplemental security income benefits in July 1997, her application was denied, and a hearing was conducted by Administrative Law Judge Thomas P. Zolezzi (ALJ). In February 1999, the ALJ issued a decision denying benefits, which became the Commissioner's final determination when the Appeals Council denied review on January 14, 2000.

On February 25, 2000, Barringer brought this action pursuant to 42 U.S.C. § 405(g) seeking review of the Commissioner's final determination. The Commissioner then filed an answer and a certified administrative transcript, Barringer filed a brief, and the Commissioner responded.

III. Contentions

Barringer contends that the Commissioner's decision is not supported by substantial evidence. She further claims that the ALJ erroneously: (1) disregarded the opinion of her treating physician; (2) disregarded her subjective complaints about pain and disabling symptoms; and (3) failed to set forth crucial factors of her residual functional capacity (RFC) with sufficient specificity. The Commissioner counters that substantial evidence supports the ALJ's decision that Barringer was not disabled.

IV. Facts

The evidence in this case is undisputed and the court adopts the plaintiff's factual recitation. See Pl.'s Br., pp. 3-8, Dkt. No. 5.

V. Discussion

A. Standard and Scope of Review

When reviewing the Commissioner's final decision, the court must determine whether the correct legal standards were applied and whether substantial evidence supports the decision. Urtz v. Callahan, 965 F.Supp. 324, 326 (N.D.N.Y.1997) (citing Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir.1987)). Although the Commissioner is ultimately responsible for determining a claimant's eligibility, the actual disability determination is made by an ALJ, and that decision is subject to judicial review on appeal. A court may not affirm an ALJ's decision if it reasonably doubts whether the proper legal standards were applied, even if it appears to be supported by substantial evidence. Johnson, 817 F.2d at 986. In addition, an ALJ must set forth the crucial factors justifying his findings with sufficient specificity to allow a court to determine whether substantial evidence supports the decision. Ferraris v. Heckler, 728 F.2d 582, 587 (2d Cir.1984).

A court's factual review of the Commissioner's decision is limited to the determination of whether substantial evidence in the record supports the decision. 42 U.S.C. § 405(g); see Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir.1991). "Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Williams ex rel Williams v. Bowen, 859 F.2d 255, 258 (2d Cir.1988) (citations omitted). It must be "more than a mere scintilla" of evidence scattered throughout the administrative record. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)); Alston v. Sullivan, 904 F.2d 122, 126 (2d Cir.1990). "To determine on appeal whether an ALJ's findings are supported by substantial evidence, a reviewing court considers the whole record, examining the evidence from both sides because an analysis of the substantiality of the evidence must also include that which detracts from its weight." Williams, 859 F.2d at 258. However, a reviewing court cannot substitute its interpretation of the administrative record for that of the Commissioner if the record contains substantial support for the ALJ's decision. Blalock v. Richardson, 483 F.2d 773, 775 (4th Cir.1972); see also Rutherford v. Schweiker, 685 F.2d 60, 62 (2d Cir.1982).

The court has authority to reverse with or without remand. 42 U.S.C. § 405(g). Remand is appropriate where there are gaps in the record or further development of the evidence is needed. See Parker v. Harris, 626 F.2d 225, 235 (2d Cir.1980); Cutler v. Weinberger, 516 F.2d 1282, 1287 (2d Cir.1975) (remand to permit claimant to produce further evidence). Reversal is appropriate, however, when there is "persuasive proof of disability" in the record and remand for further evidentiary development would not serve any purpose. Parker, 626 F.2d at 235; Simmons v. United States R.R. Ret. Bd., 982 F.2d 49, 57 (2d Cir.1992); Carroll v. Sec'y of HHS, 705 F.2d 638, 644 (2d Cir.1983) (reversal without remand for additional evidence particularly appropriate where payment of benefits already delayed for four years and remand would likely result in further lengthening the "painfully slow process" of determining disability).

B. Five-Step Disability Determination

A plaintiff seeking Supplemental Security Income (SSI) is disabled if she can establish that she is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months...." 42 U.S.C. § 1382c(a)(3)(A)² (emphasis added).

The Commissioner uses a five-step process to evaluate SSI disability claims. See 20 C.F.R. § 416.920.³ Step One requires the ALJ to determine whether the claimant is presently engaging in substantial gainful activity (SGA). 20 C.F.R. § 416.920(b). If so, she is not considered disabled. However, if she is not engaged in SGA, Step Two requires that the ALJ determine whether the claimant has a severe impairment. 20 C.F.R. § 416.920(c). If the claimant is found to suffer from a severe impairment, Step Three requires that the ALJ determine whether the claimant's impairment meets or equals an impairment listed in 20 C.F.R. Part 404, Subpart P., Appendix 1, § 416.920(d). The claimant is presumptively disabled if the impairment meets or equals a listed impairment. See Ferraris, 728 F.2d at 584. If the claimant is not presumptively disabled, Step Four requires the ALJ to consider whether the claimant's RFC precludes the performance of her past relevant work. 20 C.F.R. § 416.920(e). At Step Five, the ALJ determines whether the claimant can do any other work. 20 C.F.R. § 416.920(f).

The claimant has the burden of showing that she cannot perform past relevant work. Ferraris, 728 F.2d at 584. However, once she has met that burden, the ALJ can deny benefits only by showing, with specific reference to medical evidence, that she can perform some less demanding work. See White v. Sec'y of HHS, 910 F.2d 64, 65 (2d Cir.1990); Ferraris, 728 F.2d at 584. In making this showing, the ALJ must consider the claimant's RFC, age, education, past work experience, and transferability of skills, to determine if she can perform other work existing in the national economy. 20 C.F.R. § 416.920(f); see New York v. Sullivan, 906 F.2d 910, 913 (2d Cir.1990).

In this case, the ALJ found that Barringer satisfied Step One because she had not worked since July 7, 1997. (Tr. 12, 15). In Step Two, the ALJ determined that she suffered from musculoskeletal impairments based on findings of slight sacroiliac joint sclerosis, mild disc bulging, desiccation and facet arthritis in her lumbosacral spine, as well as complaints of pain in her lower back and right groin. (Tr. 13, 15). In Step Three, the ALJ determined that her impairments failed to meet or equal a combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulation No. 4. (Tr. 13, 15). In Step Four, the ALJ determined that Barringer did not have the RFC to perform her past relevant work as a bartender and cashier. (Tr. 13, 15). In Step Five, the ALJ found that Barringer possessed the RFC to perform the full range of light work.⁴ (Tr. 13-15). Consequently, he found Barringer not disabled⁵ and denied benefits. (Tr. 15).

C. Substantial Evidence

1. Insufficient Evidence

Barringer contends that the record contains no medical evidence to support the Commissioner's determination that she was not disabled. Thus, a brief summary of the medical evidence of record and of the references to that evidence in the ALJ's decision is necessary. Upon review, the court finds this contention misplaced.

(a) David Van Eeenenaam, M.D. (treating physician)

In 1986, Dr. Van Eenenaam first examined Barringer for discomfort in her right knee. He noted pain upon "firm palpation;" however, knee X-Rays were normal, and there was no effusion. (Tr. 155-56). In 1991, Barringer complained of soreness in her right groin resulting from a crack in her right hip. On examination, there was some irritability with motion of the right hip, but no gross neurovascular deficit in the right leg, and deep tendon reflexes were equal. Moreover, X-Rays of the right hip showed no evidence of definite bony abnormality. Consequently, Dr. Van Eenenaam diagnosed Barringer with right hip and lumbosacral sprain. In a follow-up examination, he opined that she had "some low-grade synovitis⁶ that fortunately will improve." (Tr. 157-58).

In October 1996, Barringer again reported soreness in her right groin area. On examination, Dr. Van Eenenaam observed mild...