United States District Court, W.D. New York
OFFICES OF KENNETH HILLER, PLLC Counsel for Plaintiff.
SOCIAL SECURITY ADMIN. OFFICE OF REG'L GEN. COUNSEL -
REGION II Counsel for Defendant.
COUNSEL: TIMOTHY HILLER, ESQ. KENNETH R. HILLER, ESQ. HEATHER
SERTIAL, ESQ. JILLIAN ERIN NELSON, ESQ. PRASHANT TAMASKAR,
MEMORANDUM-DECISION AND ORDER
GREGORY WEHRMAN, U.S. MAGISTRATE JUDGE
parties consented in accordance with a standing order to
proceed before the undersigned. The court has jurisdiction
over this matter pursuant to 42 U.S.C. § 405(g). The
matter is presently before the court on the parties'
cross-motions for judgment on the pleadings pursuant to Rule
12(c) of the Federal Rules of Civil Procedure. Upon review of
the administrative record and consideration of the
parties' filings, the Plaintiff's motion for judgment
on the administrative record is DENIED, the
Defendant's motion for judgment on the administrative
record is GRANTED, and the decision of the
Commissioner is AFFIRMED.
was born on June 2, 1966, and testified he does not have a
high school or equivalency degree. (Tr. 86). Generally,
Plaintiff's alleged disability consists of depression,
anxiety, carpal tunnel syndrome, high cholesterol, high blood
pressure, acid reflux, and an elbow injury. (Tr. 195). His
alleged onset date of disability is June 6, 2012. (Tr. 197).
April 3, 2015, 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. (Tr. 76-77). Plaintiff's
application was initially denied, after which he timely
requested a hearing before an Administrative Law Judge
(“the ALJ”). On October 27, 2017, Plaintiff
appeared before the ALJ, William M. Manico. (Tr. 17). On
January 12, 2018, ALJ Manico issued a written decision
finding Plaintiff not disabled under the Social Security Act.
(Tr. 14-31). On September 18, 2018, the Appeals Council
(“AC”) denied Plaintiff's request for review,
rendering the ALJ's decision the final decision of the
Commissioner. (Tr. 1-3). Thereafter, Plaintiff timely sought
judicial review in this Court.
The ALJ's Decision
in his decision, the ALJ made the following findings of fact
and conclusions of law:
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2016.
2. The claimant has not engaged in substantial gainful
activity since June 6, 2012, the alleged onset date (20 CFR
404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments:
vertigo; left elbow pain status post ulnar transposition;
anxiety disorder(s); affective disorder(s); substance abuse
disorder allegedly in remission. (20 CFR 44.1520(c) and
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
Appendix 1 (20 CFR 404.1520(d), 404.1526, 416.920(d), 416.925
5. After careful consideration of the entire record, the
undersigned finds the claimant has the residual functional
capacity to perform light work as defined in 20 CFR
404.1567(b) and 416.967(b) with the following exceptions:
Claimant may only frequently stoop, reach, push and/or pull.
Claimant should avoid exposure to hazards. Claimant retains
the mental residual functional capacity to perform unskilled
work that would allow him to have a regular work break every
two hours, which does not involve the ...