United States District Court, N.D. New York
JERRILL M. CREDLE, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
OF PETER MARGOLIUS Counsel for Plaintiff
SOCIAL SECURITY ADMIN. OFFICE OF REG'L GEN. COUNSEL -
REGION II Counsel for Defendant
M. MARGOLIUS, ESQ.
MEMORANDUM-DECISION AND ORDER
William B. Mitchell Carter, U.S. Magistrate Judge.
matter was referred to me, for all proceedings and entry of a
final judgment, pursuant to the Social Security Pilot
Program, N.D.N.Y. General Order No. 18, and in accordance
with the provisions of 28 U.S.C. § 636(c), Fed.R.Civ.P.
73, N.D.N.Y. Local Rule 73.1 and the consent of the parties.
(Dkt. Nos. #, #.).
before the Court, in this Social Security action filed by
Jerrill Credle (“Plaintiff”) against the
Commissioner of Social Security (“Defendant” or
“the Commissioner”) pursuant to 42 U.S.C.
§§ 405(g) and 1383(c)(3), are the parties'
cross-motions for judgment on the pleadings. (Dkt. Nos. 9,
14.) For the reasons set forth below, it is ordered that
Plaintiff's motion be granted, in the extent it seeks
remand under Sentence Four of 42 U.S.C. § 405(g), and
Defendant's motion is denied.
was born in 1979. (T. 78.) He received a GED. (T. 205.)
Generally, Plaintiff's alleged disability consists of
post-traumatic stress disorder (“PTSD”),
personality disorder, and degenerative disc disease. (T.
204.) His alleged disability onset date is May 27, 2014. (T.
76.) His date last insured is December 31, 2018.
(Id.) He previously worked as a car washer, cook, in
security, and factory worker. (T. 205.)
August 12, 2014, Plaintiff applied for a period of Disability
Insurance Benefits (“SSD”) under Title II, and
Supplemental Security Income (“SSI”) under Title
XVI, of the Social Security Act. (T. 76.) Plaintiff's
applications were initially denied, after which he timely
requested a hearing before an Administrative Law Judge
(“the ALJ”). On April 1, 2015 and again on May
19, 2015, Plaintiff appeared before the ALJ, Terence Farrell.
(T. 31-61, 62-75.) On July 1, 2015, ALJ Farrell issued a
written decision finding Plaintiff not disabled under the
Social Security Act. (T. 13-30.) On January 12, 2016, the
Appeals Council (“AC”) denied Plaintiff's
request for review, rendering the ALJ's decision the
final decision of the Commissioner. (T. 1-6.) Thereafter,
Plaintiff timely sought judicial review in this Court.
The ALJ's Decision
in his decision, the ALJ made the following five findings of
fact and conclusions of law. (T. 18-26.) First, the ALJ found
that Plaintiff met the insured status requirements through
December 31, 2018 and Plaintiff had not engaged in
substantial gainful activity since May 27, 2014. (T. 18.)
Second, the ALJ found that Plaintiff had the severe
impairments of degenerative disc disease/degenerative joint
disease of the cervical, thoracic, and lumbar spine; lumbar
radiculopathy; right shoulder pain; status post left shoulder
surgery; bipolar disorder; PTSD; social phobia; and cannabis
abuse. (Id.) Third, the ALJ found that Plaintiff did
not have an impairment that meets or medically equals one of
the listed impairments located in 20 C.F.R. Part 404, Subpart
P, Appendix. 1. (T. 20-21.) Fourth, the ALJ found that
Plaintiff had the residual functional capacity
(“RFC”) to perform light work with additional
non-exertional impairments. (T. 21-22.) The ALJ
determined that Plaintiff was limited to work with only
occasional, brief, and superficial interactions with
coworkers and supervisors. (T. 21.) The ALJ determined
Plaintiff could occasionally lift, carry, push, and pull 20
pounds; frequently lift, carry, push, and pull 10 pounds;
stand for eight hours in a workday with normal breaks, with
standing limited to one hour at a time, after which he would
need to sit for a few minutes before resuming standing; walk
for eight hours in a workday; sit for eight hours in a
workday with normal breaks with sitting limited to about one
hour at a time, after which he would need to stand or walk a
few minutes before resuming sitting; frequently, but not
continuously, reach overhead with no limitation in reaching
in other directions; occasionally climb ladders, ropes and
scaffolds; frequently climb stairs and ramps; could never be
exposed to unprotected heights; and could frequently be
exposed to moving mechanical parts and vibrations. (T.
21-22.) Fifth, the ALJ determined that Plaintiff was
incapable of performing his past relevant work; however,
there were jobs that existed in significant numbers in the
national economy Plaintiff could perform. (T. 25-26.)
THE PARTIES' BRIEFINGS ON PLAINTIFF'S MOTION
makes one argument in support of his motion for judgment on
the pleadings. Plaintiff argues the new and material evidence
submitted to the AC warrants changing the ALJ's ...