Beach v. Commissioner of Social Security
7:13-cv-00323
N.D.N.Y.Mar 5, 2014Background
- Beach filed for Disability Insurance Benefits on May 3, 2010, alleging disability since July 6, 2009.
- ALJ held a hearing on August 12, 2011 and issued an unfavorable decision January 10, 2012.
- SSA Appeals Council denied review, making the ALJ’s decision the Commissioner’s final determination.
- Beach petitioned a federal court for review under 42 U.S.C. § 405(g); both sides filed briefs.
- The court affirms the Commissioner’s denial and dismisses Beach’s complaint after review of the administrative record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the record was adequately developed | Beach contends the ALJ failed to develop the record. | Commissioner argues the ALJ fulfilled development duties and record was robust. | Record adequately developed; no further development required. |
| Whether Beach's lumbar impairment met Listing 1.04(A) | Beach asserts 1.04(A) criteria were met based on the November 28, 2011 note. | Images do not show nerve root compression; 1.04(A) not met. | 1.04(A) not met; ALJ’s listing determination affirmed. |
| Whether the ALJ properly applied the treating physician rule | Beach argues Drs. Krawchenko and Owen should receive controlling weight. | ALJ adequately weighed opinions under 20 C.F.R. § 404.1527; not required to give controlling weight. | ALJ properly weighed treating opinions; not required to give controlling weight. |
| Whether the RFC determination is supported by substantial evidence | Beach claims Dr. Weiss's limitations do not support the RFC. | RFC is supported by Dr. Weiss and record; other evidence corroborates. | RFC supported by substantial evidence; affirmed. |
Key Cases Cited
- Pellam v. Astrue, 508 F. App’x 87 (2d Cir. 2013) (nonexamining source opinions may override treating opinions when supported by record)
- Baszto v. Astrue, 700 F. Supp. 2d 242 (N.D.N.Y. 2010) (nonexamining consultants may support ALJ’s rationale)
- Diaz v. Shalala, 59 F.3d 307 (2d Cir. 1995) (nonexamining opinions may override treating opinions if supported by record)
- Petrie v. Astrue, 412 F. App’x 401 (2d Cir. 2011) (course of treatment and weight assignment considerations)
- Rosa v. Callahan, 168 F.3d 72 (2d Cir. 1999) (no obligation to seek additional records where no obvious gaps)