United States District Court, N.D. New York
T. D., Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
SOCIAL SECURITY ADMIN. PRASHANT TAMASKAR, ESQ. OFFICE OF
REG'L GEN. COUNSEL - REGION II Counsel for Defendant.
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. 4, 21.).
before the Court, in this Social Security action filed by
T.D. (“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. 13, 18.) For the
reasons set forth below, Plaintiff's motion is denied and
Defendant's motion is granted.
was born in 1961. (T. 87.) She completed two years of
college. (T. 207.) Generally, Plaintiff's alleged
disability consists of depression, high cholesterol, anxiety,
panic disorder, knee condition with pain, heart arrhythmia,
diabetes, high blood pressure, and a thyroid condition. (T.
206.) Her alleged disability onset date is November 30, 2011.
(T. 87.) Her date last insured is March 31, 2017.
(Id.) She previously worked as a medical
transcriptionist and reservation agent. (T. 208.)
25, 2013, 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. 87.) Plaintiff's
applications were initially denied, after which she timely
requested a hearing before an Administrative Law Judge
(“the ALJ”). On July 22, 2015, Plaintiff appeared
before the ALJ, Brian LeCours. (T. 30-68.) On August 13,
2015, ALJ LeCours issued a written decision finding Plaintiff
not disabled under the Social Security Act. (T. 8-29.) On
December 30, 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. 13-24.) First, the ALJ found
Plaintiff met the insured status requirements through March
31, 2017 and Plaintiff had not engaged in substantial gainful
activity since November 30, 2011. (T. 13.) Second, the ALJ
found Plaintiff had the severe impairments of affective
disorder, anxiety disorder, and right knee iliotibital band
tendonitis/chondromalacia of the patella. (Id.)
Third, the ALJ found 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.
15.) Fourth, the ALJ found Plaintiff had the residual
functional capacity (“RFC”) to perform medium
she can lift, carry, push, and pull up to 50 pounds
occasionally and 25 pounds frequently; can sit for six hours
in an eight-hour workday; can stand/walk for six hours in an
eight-hour workday; can occasionally kneel and crouch; can
never climb ladders, ropes, and scaffolds; must avoid
concentrated exposure to hazardous conditions, such as
unprotected heights and dangerous machinery; can perform work
consisting of unskilled tasks requiring little or no judgment
to do simple duties that can be learned on the job in a short
period of time; and can have minimal interaction with the
general public and occasional interaction with coworkers and
(T. 16.) Fifth, the ALJ determined Plaintiff was incapable of
performing her past relevant work; however, there were jobs
that existed in significant numbers in the national economy
Plaintiff could perform. (T. 22-23.)
THE PARTIES' BRIEFINGS ON PLAINTIFF'S MOTION
makes one argument in support of her motion for judgment on
the pleadings. Plaintiff argues the RFC as determined by the
ALJ is not supported by substantial evidence in the ...