Reich v. Astrue
Reich v. Astrue
Opinion of the Court
DECISION AND ORDER
Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security (“the Commissioner”). The action is brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner.
On August 11, 2008, Plaintiff filed an application for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act. Plaintiff alleged an inability to work since May 1, 2007, due to residual effects of carpal tunnel release, including constant pain from his elbows to fingers
His application was initially denied. Plaintiff requested a hearing, which was held on April 23, 2010. (T. 14-41). On April 30, 2010, Administrative Law Judge (“ALJ”) Robert C. Dorf found that Plaintiff was not disabled. (T. 5-13). On April 5, 2011, the Appeals Council denied Plaintiffs request for review. (T. 1-4). Thereafter, Plaintiff filed this action, seeking judicial review pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner.
The Commissioner has moved (Dkt. # 7), and Plaintiff has cross moved (Dkt. # 9), for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). For the reasons set forth below, the Commissioner’s motion is denied, the Plaintiffs cross motion is granted, and the case is remanded to the Commissioner for further proceedings consistent with this decision.
DISCUSSION
I. Jurisdiction and Scope of Review
42 U.S.C. § 405(g) grants jurisdiction to district courts to hear claims based on the denial of Social Security benefits. Additionally, the section directs that when considering such a claim, the Court must accept the findings of fact made by the Commissioner, provided that such findings are supported by substantial evidence in the record. Substantial evidence is defined as “more than a mere scintilla. It means 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, 28 L.Ed.2d 842 (1971). “The Court carefully considers the whole record, examining evidence from both sides ‘because an analysis of the substantiality of the evidence must also include that which detracts from its weight.’” Tejada v. Apfel, 167 F.3d 770, 774 (2d Cir. 1999) (quoting Quinones v. Chafer, 117 F.3d 29, 33 (2d Cir. 1997)). Still, “it is not the function of a reviewing court to decide de novo whether a claimant was disabled.” Melville v. Apfel, 198 F.3d 45, 52 (2d Cir. 1999). “Where the Commissioner’s decision rests on adequate findings supported by evidence having rational probative force, [this Court] will not substitute our judgment for that of the Commissioner.” Veino v. Barnhart, 312 F.3d 578, 586 (2d Cir. 2002).
This same level of deference, however, does not encompass the Commissioner’s conclusions of law. See Townley v. Heckler, 748 F.2d 109, 112 (2d Cir. 1984). This Court must independently determine if the Commissioner’s decision applied the correct legal standards in determining that the Plaintiff was not disabled. “Failure to apply the correct legal standards is grounds for reversal.” Id. at 112. Therefore, this Court first examines the legal standards applied, and then, if the standards were correctly applied, considers the substantiality of the evidence. Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir. 1987). See also School v. Apfel, 134 F.3d 496, 504 (2d Cir. 1998).
II. The ALJ’s Decision
It is well settled that “the medical opinion of a claimant’s treating physician is given controlling weight if it is well supported by medical findings and not inconsistent with other substantial record evidence.” Shaw v. Chater, 221 F.3d 126, 134 (2d Cir. 2000). Furthermore, the ALJ must give good reasons in his decision as to the weight afforded the treating physicians’ opinions. See 20 C.F.R. § 404.1527(d)(2); Snell v. Apfel, 177 F.3d 128, 134 (2d Cir. 1999).
Here, the ALJ committed error by failing to account for the medical opinion of Plaintiffs treating physician, Dr. Peter Ronchetti, as to Plaintiffs disability. The
CONCLUSION
For the foregoing reasons, the Plaintiffs cross motion for judgment on the pleadings (Dkt. # 9) is granted and the matter is remanded for additional proceedings consistent with this opinion. Upon remand, the ALJ shall in his decision acknowledge and consider the opinions of Plaintiffs treating physicians, including the opinion of Dr. Peter Ronchetti, M.D., as articulated in his May 27, 2007 note regarding Plaintiffs permanent condition. Further, the ALJ shall explain the weight, if any, afforded to that opinion. The Commissioner’s motion for judgment on the pleadings (Dkt. # 7) is denied.
IT IS SO ORDERED.
Reference
- Full Case Name
- Christopher R. REICH v. Michael J. ASTRUE, Commissioner of Social Security
- Cited By
- 1 case
- Status
- Published