Colling v. Barnhart
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Francine Colling appeals from a final judgment of the United States District Court for the Western District of New York (Skretny, J.), granting the defendant’s motion for judgment on the pleadings upholding the Commissioner’s denial of disability benefits under the Social Security Act. We assume the parties’ familiarity with the facts, the proceedings below, and the specification of issues on appeal.
In disability cases, “we conduct a plenary review of the administrative record to determine if there is substantial evidence, considering the record as a whole, to support the Commissioner’s decision and if the correct legal standards have been applied.” Shaw v. Chater, 221 F.3d 126, 131 (2d Cir. 2000). “Substantial evidence ‘means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Id. (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)).
Although we will not accept “an unreasoned rejection of all the medical evidence in a claimant’s favor,” the Commissioner need not “reconcile explicitly every conflicting shred of medical testimony.” Fiorello v. Heckler, 725 F.2d 174, 176 (2d Cir. 1983). When there is a conflict in the medical evidence, we leave it for the finder of fact to resolve, and where “the Commissioner’s decision rests on adequate findings supported by evidence having rational probative force, we will not substitute our judgment for that of the Commissioner.” Veino v. Barnhart, 312 F.3d 578, 586 (2d Cir. 2002).
Upon reviewing the record, we are satisfied that the Commissioner’s decision was
Colling also argues that although she is no longer disabled we should consider whether she was entitled to benefits for a discrete period between 2000 and 2003 during which she claims the evidence of her disability was uncontroverted. She did not make this argument before the ALJ or the District Court, instead raising the issue for the first time on this appeal. We are reluctant to consider a new issue in cases, such as this one, where the litigant has had ample opportunity to raise the issue below, and deciding the issue would require making new factual determinations. See Paese v. Hartford Life & Accident Ins. Co., 449 F.3d 435, 446-47 (2d Cir. 2006). Because the claim for a closed period of disability would require a new factual inquiry into whether Colling’s condition worsened in 2000 and then improved in 2003, we deem this argument waived. See Burnette v. Carothers, 192 F.3d 52, 58 (2d Cir. 1999) (finding appellants waived an argument when they “failed to raise this issue in the district court” and “no miscarriage of justice will result”).
We have considered Colling’s arguments, and we find, substantially for the reasons set forth in the opinion of Judge Skretny, that they are without merit. Accordingly, the judgment of the District Court is hereby AFFIRMED.
Reference
- Full Case Name
- Francine COLLING v. Jo Anne B. BARNHART, Commissioner of Social Security
- Cited By
- 16 cases
- Status
- Published