Cosnyka v. Colvin

Summary

The Second Circuit reviewed the denial of Steven Cosnyka’s application for Social Security disability benefits. The court upheld the ALJ’s decision not to give controlling weight to the treating physician’s opinion but held that the RFC’s six-minutes-per-hour off-task formulation was unsupported by substantial evidence and crucial to the vocational expert’s testimony. The court vacated the district court’s judgment and remanded for further factfinding concerning Cosnyka’s RFC and the availability of suitable work.

Holdings

1. The ALJ did not err in declining to give controlling weight to Dr. Calabrese's opinion because the opinion lacked identified clinical support and was inconsistent with other substantial medical evidence.
2. The ALJ erred by incorporating a six-minutes-per-hour off-task limitation into the RFC without evidentiary support.
3. The court did not decide the credibility challenge because further factfinding was required on remand.

Questions Presented

1. Whether the ALJ properly declined to give controlling weight to the treating physician's opinion.
2. Whether the ALJ's residual-functional-capacity finding, particularly the formulation that Cosnyka would be off task six minutes per hour, was supported by substantial evidence.
3. Whether the ALJ improperly assessed Cosnyka's credibility.

Disposition

vacated