Summary
The United States District Court for the Western District of New York affirmed the Commissioner of Social Security’s denial of Disability Insurance Benefits to Jennifer S. The court held that any procedural error in evaluating the treating physician’s opinion was harmless, that the ALJ’s residual functional capacity findings were supported by the record, and that the vocational expert’s testimony provided substantial evidence for the step-five determination. The plaintiff’s motion for judgment on the pleadings was denied, the Commissioner’s cross-motion was granted, and the complaint was dismissed.
Holdings
- The ALJ committed procedural error by failing to expressly discuss the consistency factor, but the error was harmless because a searching review of the record showed good reasons for finding Dr. Hallasey-Roberts's opinion unpersuasive, including its inconsistency with other medical opinions, Jennifer's reported daily activities, and the treatment records.
- The ALJ's finding that Jennifer needed to alternate sitting and standing every 30 minutes, with no more than 5% off-task time, was supported by substantial evidence and was not impermissibly fashioned from whole cloth.
- The vocational expert's testimony identifying approximately 20,000 lens-inserter jobs, 16,000 ink-printer jobs, and 13,000 order-clerk jobs was sufficient substantial evidence to support the ALJ's step-five determination.
Questions Presented
- Whether the ALJ properly evaluated the persuasiveness of treating physician David Hallasey-Roberts's medical opinion under the post-March 27, 2017 Social Security regulations.
- Whether the ALJ's specific RFC requirement that Jennifer alternate sitting and standing every 30 minutes with no more than 5% off-task time was supported by substantial evidence.
- Whether the vocational expert's testimony concerning the number of jobs available in the national economy was based on a sufficiently reliable methodology to support the ALJ's step-five finding.
Disposition
dismissed
Cases Cited (28)
- Arnone v. Bowen, 882 F.2d 34, 37-38 (2d Cir. 1989)(followed)
- Johnson v. Bowen, 817 F.2d 983, 985-86 (2d Cir. 1987)(followed)
- Moran v. Astrue, 569 F.3d 108, 112 (2d Cir. 2009)(followed)
- Cruz v. Sullivan, 912 F.2d 8, 11 (2d Cir. 1990)(followed)
- Richardson v. Perales, 402 U.S. 389, 401 (1971)(followed)
- Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)(followed)
- Brault v. Social Security Administration, Commissioner, 683 F.3d 443, 448, 450-51 (2d Cir. 2012)(followed)
- McIntyre v. Colvin, 758 F.3d 146, 149, 151 (2d Cir. 2014)(followed)
- Angela H.-M. v. Commissioner of Social Security, 631 F. Supp. 3d 1, 7 (W.D.N.Y. 2022)(followed)
- Spottswood v. Kijakazi, 2024 WL 89635, at *1 (2d Cir. Jan. 9, 2024)(followed)
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Court Document
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