Diaz-Sanchez v. Berryhill
295 F. Supp. 3d 302
W.D.N.Y.2018Background
- Plaintiff Carlos Juan Diaz-Sanchez applied for SSI in March 2013 alleging disability since 2007; denied by ALJ after hearing in March 2015 and Appeals Council denied review.
- Medical record documents right shoulder/arm/hand pain and weakness from a gunshot wound and an MVA; occasional depression, back pain, and asthma.
- ALJ found plaintiff capable of light work with specific limits: lift/carry up to 10 lbs, sit 6 hrs, stand/walk 4 hrs each in an 8-hr day; no right-arm reaching and only occasional right-arm fingering/handling.
- RFC adopted by ALJ matched vocational expert testimony identifying jobs (housekeeper/cleaner, counter clerk).
- Treating and consulting examiners (Dr. Erin Imler, Dr. Harbinder Toor) gave temporary limitations; consulting psychiatrist Dr. Yu-Ying Lin noted mild concentration limits and greater stress-coping limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight to treating physician (Dr. Imler) | ALJ failed to give controlling weight to treating opinion that plaintiff was unable to work and had sitting/standing/walking limits | ALJ permissibly discounted because opinion was temporary, unsupported by objective findings, contradicted by normal gait and limited treatment relationship | Court: ALJ properly considered treating-factors and reasonably gave only "some" weight; not reversible error |
| Weight to consulting examiner (Dr. Toor) | ALJ improperly rejected limitations (push/pull/bend/lift limited to 2 hrs) | Opinions described temporary limits and contradicted by Dr. Toor’s own normal postural/gait findings; ALJ adopted reaching/handling limits in RFC | Court: ALJ reasonably limited Dr. Toor’s opinions to the extent inconsistent with objective findings; RFC appropriately accounted for arm/hand limits |
| Weight to psychiatrist (Dr. Lin) | ALJ erred by giving little weight to stress-coping limitation | ALJ relied on scant mental-health treatment, plaintiff’s reported daily activities and full-time cleaning work; opinion based largely on self-report | Court: ALJ permissibly discounted stress limitation given lack of consistent treatment and objective support; gave significant weight to other parts of Dr. Lin’s exam |
| RFC and substantial evidence | RFC didn’t reflect claimant’s true limitations | RFC supported by longitudinal records, objective tests, plaintiff’s activities, and VE testimony | Court: ALJ’s RFC supported by substantial evidence; Commissioner’s denial of disability affirmed |
Key Cases Cited
- Bowen v. City of New York, 476 U.S. 467 (recognition of five-step sequential evaluation)
- Machadio v. Apfel, 276 F.3d 103 (substantial evidence and legal standard review)
- Rosa v. Callahan, 168 F.3d 72 (treating physician controlling weight rule)
- Snell v. Apfel, 177 F.3d 128 (requiring ALJ to apply treating-physician factors when declining controlling weight)
- Barnhart v. Walton, 535 U.S. 212 (durational requirement; functional limitations must meet 12-month durational prerequisite)
- Halloran v. Barnhart, 362 F.3d 28 (ultimate disability determination reserved to Commissioner)
- Arnone v. Bowen, 882 F.2d 34 (lack of consistent treatment undermines disability claim)