Hass v. Commissioner of Social Security
5:14-cv-00730
N.D.N.Y.Dec 18, 2015Background
- Plaintiff Jodi L. Hass applied for disability insurance benefits alleging physical (bilateral carpal tunnel, trigger fingers) and psychiatric (depressive disorder, PTSD, panic disorder with agoraphobia) impairments beginning June 15, 2008.
- Initial claim denied; hearing before ALJ Yvette N. Diamond held January 20, 2013; ALJ denied benefits on February 14, 2013; Appeals Council denied review, making the ALJ decision final.
- ALJ found severe impairments at Step 2 but none meeting a Listing; adopted an RFC for light work with limitations to frequent reaching/handling/fingering and low-stress work.
- ALJ gave weight to consultative examiner Dr. Caldwell, discounted a treating licensed clinical social worker (David Blair) and a single physical therapist evaluation (Kennett Carter) as inconsistent with other medical evidence and Hass’s activities.
- ALJ rejected Hass’s subjective symptom testimony as not fully credible based on objective treatment notes, consultative exam findings, and daily activities; concluded she could perform past relevant work as a circuit board inspector and denied benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight to treating "other medical source" (therapist Blair) | ALJ failed to properly evaluate and give weight to Blair’s highly restrictive opinion | ALJ permissibly treated Blair as an "other source," discussed and discounted his opinion as inconsistent with medical records and consultative exam | ALJ did not err; discussion and reasons for discounting Blair were adequate |
| RFC limits for carpal tunnel (frequent reach/handle/finger) | ALJ’s finding unsupported; physical therapist recommended avoiding repetitive fine motor tasks | Medical evidence (Dr. Short) showed full ROM and normal motor/sensation after surgeries; PT opinion was based on single visit and inconsistent with records | Substantial evidence supports ALJ’s limitation to frequent rather than no/few fine motor tasks |
| Credibility of subjective symptoms | ALJ applied improper boilerplate language and mischaracterized daily activities to discount testimony | ALJ evaluated objective evidence, symptom factors, and activities; boilerplate phrasing is not reversible when record explanation exists | ALJ’s credibility assessment supported by substantial evidence; not reversible error |
| Use of consultative examiner (Dr. Caldwell) | ALJ failed to explain rejecting parts of Caldwell that aligned with plaintiff’s testimony (e.g., panic attacks, insomnia) | ALJ gave great weight to Caldwell; relied on his findings showing higher functioning inconsistent with plaintiff’s more restrictive claims | ALJ permissibly relied on Caldwell; absence of mention of every supportive fact is not grounds for remand |
Key Cases Cited
- McIntyre v. Colvin, 758 F.3d 146 (2d Cir. 2014) (describing the five-step disability evaluation process)
- Barnhart v. Thomas, 540 U.S. 20 (U.S. 2003) (procedure stops once disability/non-disability found at any step)
- Johnson v. Bowen, 817 F.2d 983 (2d Cir. 1987) (standard of review for SSA decisions)
- Williams ex rel. Williams v. Bowen, 859 F.2d 255 (2d Cir. 1988) (definition of substantial evidence)
- Ferraris v. Heckler, 728 F.2d 582 (2d Cir. 1984) (ALJ must set forth crucial factors with specificity)
- Genier v. Astrue, 606 F.3d 46 (2d Cir. 2010) (two-step credibility analysis for subjective symptoms)