Besseghini v. Commissioner of Social Security
1:15-cv-00508
W.D.N.Y.Dec 27, 2017Background
- Plaintiff Janet Besseghini applied for Disability Insurance Benefits (DIB) alleging disability beginning December 21, 2002, later amended to January 1, 2010; insured status expired before some post-date imaging.
- Initial denial; ALJ Harrop held a hearing (April 4, 2013) and denied benefits (May 21, 2013); Appeals Council denied review, making the ALJ decision final.
- ALJ found multilevel lumbar disc herniations with spinal stenosis and radiculopathy but assessed RFC for the full range of light work.
- ALJ gave greatest weight to State agency consultant Dr. José Ruiz, who opined ability to perform light work with some postural/height exposure limits and standing/sitting about 6 hours each.
- Plaintiff challenged: (1) RFC not supported by substantial evidence given imaging and diagnosis, (2) ALJ’s credibility evaluation of her pain complaints, and (3) ALJ’s treatment of a pre-onset state retirement “permanently incapacitated” finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RFC for full range of light work is supported by substantial evidence | Besseghini: multilevel lumbar pathology and diagnostic imaging preclude light work; ALJ erred by not adopting some postural limits | Commissioner: ALJ reasonably relied on State agency RFC (Dr. Ruiz) and medical record showing pain controlled and normal exams | Court: Affirmed ALJ. Omitted postural limits did not erode light work occupational base; ALJ permissibly credited Dr. Ruiz and substantial evidence supports RFC |
| Whether ALJ’s credibility assessment of pain was erroneous | Besseghini: subjective pain claims supported by repeated exam findings and her work history; ALJ undervalued credibility | Commissioner: ALJ considered medical findings, treatment response, and activities; work history noted and not outcome-determinative alone | Court: Affirmed ALJ. Credibility finding was within ALJ discretion and supported by medical record (normal exams, reports of stable/well-controlled pain) |
| Whether ALJ erred by not giving weight to a 2004 state retirement determination of "permanent incapacity" | Besseghini: prior state determination supports disability | Commissioner: 2004 letter predates alleged onset and is not binding; agency decisions are evaluated independently | Court: ALJ did not err; the 2004 determination had limited probative value and did not control SSA decision |
Key Cases Cited
- Marcus v. Califano, 615 F.2d 23 (2d Cir. 1979) (ALJ has discretion to evaluate claimant credibility)
- Miles v. Harris, 645 F.2d 122 (2d Cir. 1981) (ALJ not required to reconcile every conflicting piece of medical testimony)
- Rosa v. Callahan, 168 F.3d 72 (2d Cir. 1999) (ALJ may not interpret raw medical data outside expert opinion)
- Schaal v. Apfel, 134 F.3d 496 (2d Cir. 1998) (good work history may support claimant credibility but is one factor)
- Burlington Truck Lines v. United States, 371 U.S. 156 (1962) (courts may not supply post hoc rationalizations for agency decisions)