United States District Court, W.D. New York
DECISION AND ORDER
FRANK P. GERACI, JR., United States District Court Chief
Linzy (“Linzy” or “Plaintiff”) brings
this action pursuant to the Social Security Act (“the
Act”) seeking review of the final decision of the
Acting Commissioner of Social Security (“the
Commissioner”) that denied her applications for
disability insurance benefits (“DIB”) and
Supplemental Security Income (“SSI”) under Titles
II and XVI of the Act. ECF No. 1. The Court has jurisdiction
over this action under 42 U.S.C. §§ 405(g),
parties have moved for judgment on the pleadings pursuant to
Federal Rule of Civil Procedure 12(c). ECF Nos. 11, 14. For
the reasons that follow, the Commissioner's motion is
GRANTED and Plaintiff's motion is DENIED.
January 31, 2013, Linzy applied for DIB and SSI with the
Social Security Administration (“the SSA”).
171-83. She alleged that she had been disabled since April 1,
2011 due to sarcoidosis and obesity. Tr. 196. On October 6,
2014, Linzy and a vocational expert (“VE”)
testified at a video hearing before Administrative Law Judge
Roseanne M. Dummer (“the ALJ”). Tr. 34-58. On
October 14, 2014, the ALJ issued a decision finding that
Linzy was not disabled within the meaning of the Act. Tr.
9-24. On January 11, 2016, the Appeals Council denied
Linzy's request for review. Tr. 1-3. Thereafter, Linzy
commenced this action seeking review of the
Commissioner's final decision. ECF No. 1.
District Court Review
reviewing a final decision of the SSA, this Court is limited
to determining whether the SSA's conclusions were
supported by substantial evidence in the record and were
based on a correct legal standard.” Talavera v.
Astrue, 697 F.3d 145, 151 (2d Cir. 2012) (quotation
marks omitted); see also 42 U.S.C. § 405(g).
The Act holds that a decision by the Commissioner is
“conclusive” if it is supported by substantial
evidence. 42 U.S.C. § 405(g). “Substantial
evidence means more than a mere scintilla. It means such
relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.” Moran v.
Astrue, 569 F.3d 108, 112 (2d Cir. 2009) (quotation
marks omitted). It is not the Court's function to
“determine de novo whether [the claimant] is
disabled.” Schaal v. Apfel, 134 F.3d 496, 501
(2d Cir. 1998) (quotation marks omitted); see also Wagner
v. Sec'y of Health & Human Servs., 906 F.2d 856,
860 (2d Cir. 1990) (holding that review of the
Secretary's decision is not de novo and that the
Secretary's findings are conclusive if supported by
must follow a five-step sequential evaluation to determine
whether a claimant is disabled within the meaning of the Act.
See Parker v. City of New York, 476 U.S. 467, 470-71
(1986). At step one, the ALJ must determine whether the
claimant is engaged in substantial gainful work activity.
See 20 C.F.R. § 404.1520(b). If so, the
claimant is not disabled. If not, the ALJ proceeds to step
two and determines whether the claimant has an impairment, or
combination of impairments, that is “severe”
within the meaning of the Act, meaning that it imposes
significant restrictions on the claimant's ability to
perform basic work activities. 20 C.F.R. § 404.1520(c).
If the claimant does not have a severe impairment or
combination of impairments, the analysis concludes with a
finding of “not disabled.” If the claimant does,
the ALJ continues to step three.
three, the ALJ examines whether a claimant's impairment
meets or medically equals the criteria of a listed impairment
in Appendix 1 of Subpart P of Regulation No. 4 (the
“Listings”). 20 C.F.R. § 404.1520(d). If the
impairment meets or medically equals the criteria of a
Listing and meets the durational requirement (20 C.F.R.
§ 404.1509), the claimant is disabled. If not, the ALJ
determines the claimant's residual functional capacity
(“RFC”), which is the ability to perform physical
or mental work activities on a sustained basis,
notwithstanding limitations for the collective impairments.
See 20 C.F.R. § 404.1520(e)-(f).
then proceeds to step four and determines whether the
claimant's RFC permits him or her to perform the
requirements of his or her past relevant work. 20 C.F.R.
§ 404.1520(f). If the claimant can perform such
requirements, then he or she is not disabled. If he or she
cannot, the analysis proceeds to the fifth and final step,
wherein the burden shifts to the Commissioner to show that
the claimant is not disabled. To do so, the Commissioner must
present evidence to demonstrate that the claimant
“retains a residual functional capacity to perform
alternative substantial gainful work which exists in the
national economy” in light of his or her age,
education, and work experience. See Rosa v.
Callahan, 168 F.3d 72, 77 (2d Cir. 1999) (quotation
marks omitted); see also 20 C.F.R. §
The ALJ's Decision
ALJ's decision analyzed Linzy's claim for benefits
under the process described above. At step one, the ALJ found
that Linzy had not engaged in substantial gainful activity
since the alleged onset date. Tr. 11. At step two, the ALJ
found that Linzy has the following severe impairments: morbid
obesity, stable sarcoidosis, and obstructive sleep apnea. Tr.
11-12. At step three, the ALJ found that these impairments,
alone or in combination, did not meet or medically equal an
impairment in the Listings. Tr. 13.
the ALJ determined that Linzy retained the RFC to perform
light work with additional limitations. Tr. 13-21.
Specifically the ALJ found that Linzy can lift and carry
about 20 pounds occasionally and 10 pounds frequently; can
sit for about six hours and stand and walk for about two
hours in an eight hour workday; must avoid concentrated
exposure to pulmonary irritants and extreme heat and cold;
can occasionally climb ramps and stairs, balance, stoop,
kneel, crouch, and crawl; must avoid work hazards,
i.e., dangerous ...