Baszto v. Michael J. Astrue Comm'r Of Soc. Sec.
| Decision Date | 31 March 2010 |
| Docket Number | No. 08-CV-958 (TJM/VEB).,08-CV-958 (TJM/VEB). |
| Citation | 700 F.Supp.2d 242 |
| Parties | Michael BASZTO, Plaintiff,v.Michael J. ASTRUE Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of New York |
Lawrence D. Hasseler, Conboy, McKay Law Firm, Carthage, NY, for Plaintiff.
Tomasina Digrigoli, Social Security Administration Office of Regional General Counsel, New York, NY, for Defendant.
DECISION & ORDER
This matter brought pursuant to the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), seeking review of a final decision of the Commissioner of Social Security denying Plaintiff's application for disability insurance benefits (“DIB”), was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation filed on January 26, 2010 recommended that the Commissioner's decision denying disability benefits be affirmed and found that the ALJ's conclusions were supported by substantial evidence. Objections were filed.
“When objections to a magistrate judge's Report-Recommendation are lodged, the Court makes a ‘ de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.’ ” McConnell v. Astrue, 2008 WL 833968, at *2 (N.D.N.Y. March 27, 2008); See 28 U.S.C. § 636(b)(1). After such a review, the Court may Id.
Having reviewed the record de novo and having considered the issues raised in the Plaintiff's objections, this Court has determined to accept and adopt the recommendation of Magistrate Judge Bianchini for the reasons stated in the Report-Recommendation.
It is therefore
ORDERED that Defendants' Motion for Judgement on the Pleadings is GRANTED. The Complaint is DISMISSED in its entirety.
IT IS SO ORDERED.
In September of 2006, Plaintiff Michael Baszto filed an initial application for Disability Insurance Benefits (“DIB”) under the Social Security Act. Plaintiff alleges that he has been unable to work since August 27, 2006, due to the combined effects of cognitive deficits involving intellectual, cognitive, and communicative limitations, as well as an adjustment disorder with depressed mood, epilepsy, arthritis, and the post-operative implications of two brain surgeries. The Commissioner of Social Security denied Plaintiff's application.
Plaintiff, through his attorneys, Conboy, McKay Law Firm, Lawrence D. Hasseler, Esq. of counsel, commenced this action on September 9, 2008, by filing a Complaint in the United States District Court for the Northern District of New York. (Docket No. 1). Plaintiff seeks judicial review of the Commissioner's denial of benefits pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).
On November 5, 2009, the Honorable Norman A. Mordue, Chief United States District Judge, referred this case to the undersigned for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket No. 14).
The relevant procedural history may be summarized as follows: Plaintiff applied for DIB on September 15, 2006, alleging disability beginning on August 27, 2006. (T at 48, 62).1 The application was denied initially on January 3, 2007. (T at 17, 26). Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). (T at 24, 32). A hearing was held in Watertown, New York on January 28, 2008, before ALJ Elizabeth Koennecke. (T at 280). Plaintiff, represented by counsel, appeared and testified. (T at 280). On March 26, 2008, ALJ Koennecke issued a decision denying the application for benefits. (T at 14-23). Plaintiff filed a request for review of that decision. The ALJ's decision became the Commissioner's final decision on August 26, 2008, when the Appeals Council denied Plaintiff's request. (T at 5-9).
Plaintiff, through counsel, commenced this action on September 9, 2008. (Docket No. 1). Plaintiff filed a supporting Brief on November 24, 2008. (Docket No. 7). The Commissioner filed a Brief in opposition on February 23, 2009. (Docket No. 11).
Pursuant to General Order No. 18, issued by the Chief District Judge of the Northern District of New York on September 12, 2003, this Court will proceed as if both parties had accompanied their briefs with a motion for judgment on the pleadings.2
For the reasons that follow, it is respectfully recommended that the Commissioner's decision be affirmed.
A. Legal Standard
A court reviewing a denial of disability benefits may not determine de novo whether an individual is disabled. See 42 U.S.C. §§ 405(g), 1383(c)(3); Wagner v. Sec'y of Health & Human Servs., 906 F.2d 856, 860 (2d Cir.1990). Rather, the Commissioner's determination will only be reversed if the correct legal standards were not applied, or it was not supported by substantial evidence. Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir.1987) (); see 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 it has been defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). Where evidence is deemed susceptible to more than one rational interpretation, the Commissioner's conclusion must be upheld. See Rutherford v. Schweiker, 685 F.2d 60, 62 (2d Cir.1982).
If supported by substantial evidence, the Commissioner's finding must be sustained “even where substantial evidence may support the plaintiff's position and despite that the court's independent analysis of the evidence may differ from the [Commissioner's].” Rosado v. Sullivan, 805 F.Supp. 147, 153 (S.D.N.Y.1992). In other words, this Court must afford the Commissioner's determination considerable deference, and may not substitute “its own judgment for that of the [Commissioner], even if it might justifiably have reached a different result upon a de novo review.” Valente v. Sec'y of Health & Human Servs., 733 F.2d 1037, 1041 (2d Cir.1984).
The Commissioner has established a five-step sequential evaluation process to determine whether an individual is disabled as defined under the Social Security Act. See 20 C.F.R. §§ 416.920, 404.1520. The United States Supreme Court recognized the validity of this analysis in Bowen v. Yuckert, 482 U.S. 137, 140-142, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987), and it remains the proper approach for analyzing whether a claimant is disabled. 3
While the claimant has the burden of proof as to the first four steps, the Commissioner has the burden of proof on the fifth and final step. See Bowen, 482 U.S. at 146 n. 5, 107 S.Ct. 2287; Ferraris v. Heckler, 728 F.2d 582 (2d Cir.1984).
The final step of the inquiry is, in turn, divided into two parts. First, the Commissioner must assess the claimant's job qualifications by considering his or her physical ability, age, education, and work experience. Second, the Commissioner must determine whether jobs exist in the national economy that a person having the claimant's qualifications could perform. See 42 U.S.C. § 423(d)(2)(A); 20 C.F.R. §§ 416.920(g); 404.1520(g); Heckler v. Campbell, 461 U.S. 458, 460, 103 S.Ct. 1952, 76 L.Ed.2d 66 (1983).
B. Analysis1. Commissioner's Decision
The ALJ found that Plaintiff met the insured status requirements of the Social Security Act through December 31, 2011. (T at 16). The ALJ also found that Plaintiff had not engaged in substantial gainful activity since his alleged onset of disability, August 27, 2006. (T at 16). The ALJ determined that Plaintiff had the following impairments considered “severe” under the Act: osteoarthritis in both knees and degenerative disc disease of the lumbar and cervical spine. (T at 16).
However, the ALJ concluded that Plaintiff did not have an impairment or combination of impairments that meets or medically equals one of the listed impairments found in 20 CFR Part 404, Subpart P, Appendix 1 (the “Listings”). (T at 20). The ALJ found that Plaintiff retained the residual functional capacity (“RFC”) to perform his past relevant work as a custodian. (T at 22).
Specifically, the ALJ found that Plaintiff can lift/carry twenty (20) pounds occasionally and ten (10) pounds frequently, stand/ walk six (6) hours in an eight (8) hour work day, sit for six (6) hours in an eight (8) hour workday, and push/pull twenty (20) pounds occasionally and ten (10) pounds frequently. (T at 20). The ALJ found that Plaintiff cannot climb, balance, crouch, or crawl and could only occasionally kneel, stoop and reach. (T at 31). The ALJ found that Plaintiff needs to avoid hazards. (T at 20).
The ALJ noted that Plaintiff, born March 8, 1958, was a “younger individual” as defined in 20 C.F.R. § 404.1563. (T at 22). The ALJ found that given Plaintiff's age, education (high school), work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that Plaintiff can perform. (T at 22). As such, the ALJ found that Plaintiff has not been under a disability, as defined under the Act at any time relevant to the ALJ's decision. (T at 23).
As noted above, the ALJ's decision became the Commissioner's final decision on August 26, 2008, when the ...
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