Bertena L. v. Commissioner of Social Security

Summary

The United States District Court for the Northern District of New York reviews the Commissioner of Social Security’s denial of Bertena L.’s application for Disability Insurance Benefits. The court concludes that the ALJ properly considered post-date-last-insured evidence and appropriately evaluated the medical opinions of the state agency consultant and treating physician assistant. The court affirms the Commissioner’s decision.

Holdings

1. The ALJ properly considered relevant evidence generated after the plaintiff's date last insured and did not reject that evidence solely because of its timing.
2. The ALJ's residual-functional-capacity determination and finding that the plaintiff was not disabled were supported by substantial evidence.
3. The ALJ properly evaluated the supportability and consistency of Dr. Vazquez-Gonzalez's opinion and was entitled to rely on it.
4. The ALJ properly rejected PA Webb's opinion, including its time-off-task and absenteeism limitations, because the opinion lacked adequate support and was inconsistent with the medical evidence.

Questions Presented

1. Whether the ALJ improperly failed to consider or evaluate evidence generated after the plaintiff's date last insured.
2. Whether substantial evidence supported the ALJ's residual-functional-capacity determination.
3. Whether the ALJ properly evaluated the supportability and consistency of the opinions of Dr. Vazquez-Gonzalez and PA Webb.
4. Whether the ALJ erred by rejecting PA Webb's check-box opinion and recommended time-off-task and absenteeism limitations.

Disposition

affirmed