73 F. Supp. 3d 193
S.D.N.Y.2014Background
- Brown, born 1958, has a B.S. in computer science and former roles as administrative assistant and director of operations for a nonprofit.
- Brown applied for disability insurance benefits alleging disability beginning January 6, 2009 after job elimination.
- ALJ denied benefits April 6, 2011, finding two severe physical impairments (knee osteoarthritis, obesity) and non-severe mental impairments.
- RFC found as full-range light work; Brown could perform past relevant work as administrative assistant and director of operations.
- Appeals Council denied review; Brown sued, challenging treating-physician weight, PA weight, and RFC analysis.
- Magistrate Judge Fox recommended remand for step-four RFC analysis; the district court denied Brown’s motion and granted the Commissioner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ’s lack of function-by-function RFC analysis requires remand | Brown | Brown | Remand not required; substantial evidence supports RFC |
| Whether the ALJ properly weighed treating physician Toskes and PA Nwosu | Brown | Brown | No reversible error; proper weight given |
| Whether the RFC and step-four finding are supported by substantial evidence | Brown | Brown | Supported by substantial evidence; affirmed |
Key Cases Cited
- Cichocki v. Astrue, 729 F.3d 172 (2d Cir. 2013) (no per se remand for lack of function-by-function analysis; sufficiency of analysis matters)
- Shaw v. Chater, 221 F.3d 126 (2d Cir. 2000) (RFC review standard; substantial evidence standard)
- Perez v. Chater, 77 F.3d 41 (2d Cir. 1996) (five-step framework and burdens at step four)
- Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443 (2d Cir. 2012) (plenary review; substantial evidence standard)