Hershey v. Commissioner of Social Security
1:22-cv-00409
W.D.N.Y.Mar 11, 2025Background
- Claire H. sought Social Security Disability Insurance (DIB) and Supplemental Security Income (SSI) benefits, alleging disabilities including bipolar disorder, depression, PTSD, anxiety, and arthritis, with an alleged onset date of July 10, 2009.
- Plaintiff's applications were denied at multiple administrative levels, leading to two hearings before ALJs and eventual district court review. The initial unfavorable ALJ decision was partially vacated and remanded by the court.
- As the proceedings continued, Plaintiff died in 2022. Her counsel moved to substitute her biological son, N.H. (now adopted by Kim Harrigan), as plaintiff, seeking unpaid benefits under federal and New York law.
- The court addressed whether N.H. could be substituted as Plaintiff's successor in light of his adoption and whether the DIB and SSI claims survived Plaintiff's death.
- The substantive challenge focused on whether the ALJ erred by not classifying Plaintiff's migraines as a severe impairment or considering her treatment frequency in evaluating her ability to work, particularly as to her condition as of her last insured date (March 31, 2014).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substitution of N.H. as Plaintiff | N.H. should be substituted as representative/distributee of estate | No substantive opposition, but questions N.H.'s status after adoption | Substitution granted; N.H. (via Harrigan) may proceed as Plaintiff's successor |
| Survival of DIB and SSI claims after Plaintiff's death | Both DIB and SSI claims survive and pass to eligible relatives | Only DIB survives; SSI claim extinguished at death unless specific conditions | Only DIB claim survives; SSI claim extinguished; N.H. could pursue DIB only |
| Migraines as a severe impairment under SSA standard | ALJ erred in not considering migraines as severe impairment | Evidence does not support migraines as severe or present before date insured | No error; no evidence of migraines before March 31, 2014; ALJ decision upheld |
| Effect of treatment frequency on ability to work | ALJ failed to consider time needed for treatments & therapy | No proof treatments precluded full-time work; no evidence before insured date | No error; insufficient evidence treatment frequency affected ability to work |
Key Cases Cited
- Kohler v. Astrue, 546 F.3d 260 (2d Cir. 2008) (disability insurance claimant must show disability prior to date last insured)
- Talavera v. Astrue, 697 F.3d 145 (2d Cir. 2012) (standard of review for substantial evidence in SSA decisions)
- Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008) (allocation of burdens in SSA five-step analysis)
- Green-Younger v. Barnhart, 335 F.3d 99 (2d Cir. 2003) (district court authority to set aside SSA decisions not supported by substantial evidence)