Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Robert E. Freeman v. Commissioner of Social Security

June 22, 2012

ROBERT E. FREEMAN, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Gary L. Sharpe Chief Judge

MEMORANDUM-DECISION AND ORDER

I. Introduction

Plaintiff Robert E. Freeman challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. § 405(g). (See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Freeman's arguments, the court affirms the Commissioner's decision and dismisses the Complaint.

II. Background

On October 19, 2004, Freeman filed applications for DIB and SSI under the Social Security Act ("the Act"), alleging disability since September 15, 2003. (See Tr.*fn1 at 104-08, 800-02.) After his applications were denied, (see id. at 65-69), Freeman made an untimely request for a hearing before an Administrative Law Judge (ALJ). (See id. at 70-75.) Because good cause was demonstrated, his late filing was excused and a hearing was held on May 31, 2006. (See id. at 75, 813-40.) On August 25, 2006, the ALJ issued an unfavorable decision denying the requested benefits, which became the Commissioner's final determination upon the Social Security Administration Appeals Council's denial of review. (See id. at 7-9, 36-47.)

Freeman commenced an action wherein he sought review of the Commissioner's determination. (See Dkt. No. 1, 7:07-cv-379.) By stipulation, however, the parties agreed to a remand pursuant to sentence four of 42 U.S.C. § 405(g). (See Dkt. No. 17, 7:07-cv-379) The Appeals Council then remanded the case to the ALJ for further proceedings. (See Tr. 868-71.) Following a second hearing on July 9, 2009, Freeman's applications were again denied by the ALJ. (See id. at 848-58, 1141-82.) The Appeals Council declined jurisdiction, and Freeman commenced this action seeking review of the Commissioner's final determination. (See id. at 841-43; Compl.) The Commissioner filed an answer and a certified copy of the administrative transcript. (See Dkt. No. 6.) Each party, seeking judgment on the pleadings, filed a brief. (See Dkt. Nos. 9, 11.)

III. Contentions

Freeman contends that the Commissioner's decision is tainted by errors of law and is not supported by substantial evidence. (See Dkt. No. 9 at 13-25.) Specifically, Freeman claims that the ALJ: (1) erred by failing to find that his affective mood disorder meets listing 12.04; (2) improperly refused to accord controlling weight to the opinions of his treating physicians; (3) mistakenly evaluated his credibility; and (4) improperly concluded that suitable significant work in the national economy exists. (See id.) The Commissioner counters that the appropriate legal standards were used by the ALJ and his decision is also supported by substantial evidence. (See Dkt. No. 11 at 6-16.)

IV. Facts

The court adopts Freeman's undisputed factual recitations. (See Dkt. No. 9 at 2-9.)

V. Standard of Review

The standard for reviewing the Commissioner's final decision under 42 U.S.C. § 405(g) is well established and will not be repeated here. For a full discussion of the standard and the five-step process by which the Commissioner evaluates whether a claimant is disabled under the Act, the court refers the parties to its previous opinion in Christiana v. Comm'r of Soc. Sec. Admin., No. 1:05-CV-932, 2008 WL 759076, at *1-2 (N.D.N.Y. Mar. 19, 2008).

VI. Discussion

A. Listing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.