LaValley v. Colvin., 672 F. App'x 129

Plaintiff Cora LaValley appealed denial of Social Security disability benefits and SSI by ALJ Paul Kelly; district court affirmed and appeal to Second Circuit followed.
Primary medical evidence included consultative exams and treating nurse practitioner Marilyn McClure’s opinions about severe functional limits from chronic back pain and morbid obesity.
ALJ found LaValley could lift 10 pounds occasionally, stand/walk ~2 hours per 8-hour day, sit ~6 hours, occasionally climb ramps/stairs, never climb ladders/kneel/crouch/crawl, and require sit/stand changes every 30 minutes.
ALJ gave “some weight” to McClure’s opinions but relied substantially on consultative exams, LaValley’s reported daily activities, medical records, and hearing observations in assessing disability and credibility.
LaValley argued (1) the ALJ undervalued McClure (a long-term provider), (2) failed to consider impairments in combination, (3) improperly discounted her pain testimony, and (4) improperly relied on her alleged failure to lose weight.
Second Circuit affirmed the district court, holding the ALJ’s decision was supported by substantial evidence and his credibility findings were permissible.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Weight afforded nurse practitioner McClure’s opinions	McClure (long-term provider) deserved more than "some weight" and her conclusions could show disability	ALJ permissibly weighed evidence; NP is not an "acceptable medical source" entitled to treating-source controlling weight	Affirmed: ALJ’s weight assignment reasonable; McClure not an "acceptable medical source" so not entitled to controlling weight
Consideration of combined impairments	ALJ failed to evaluate impairments together	ALJ explicitly considered impairments in combination and relied on record evidence	Affirmed: ALJ properly considered combined impairments; substantial evidence supports non-disability finding
Credibility of LaValley’s pain testimony	ALJ improperly discounted testimony based on unemployment statements and ALJ’s own courtroom observation	ALJ may consider daily activities, medical records, unemployment statements, and observations among other evidence in assessing credibility	Affirmed: Credibility findings supported by multiple record sources; ALJ did not rely solely on challenged bases
Reliance on failure to lose weight	ALJ grounded denial on LaValley’s failure to follow weight-loss recommendations	ALJ did not base decision on failure to lose weight; weight was one medical factor considered	Affirmed: ALJ did not improperly base decision on failure to lose weight

Cichocki v. Astrue, 729 F.3d 172 (2d Cir. 2013) (substantial-evidence standard for review of ALJ disability determinations)