Serrano v. Colvin
1:16-cv-06295
| E.D.N.Y | Mar 22, 2018Background
- Serrano was found disabled by ALJ Forsmith in 1995 for a 1992 back injury and awarded SSDI benefits.
- SSA conducted a continuing disability review in 1998 and determined Serrano’s disability ended April 1, 1998; Serrano appealed.
- Over two decades, three ALJs affirmed termination (2000, 2007, 2016); two prior affirmances were vacated and remanded.
- ALJ Jay Cohen (2016) affirmed termination, finding medically determinable impairments by 1998 but concluding Serrano could perform other work; Cohen did not apply the medical-improvement comparative analysis.
- The Commissioner conceded Cohen erred in failing to apply the medical-improvement standard and that the record did not establish improvement by 1998.
- District Court reversed, held the SSA failed to rebut the presumption of continuing disability, and remanded solely for calculation and award of benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ applied correct legal standard for termination of previously awarded benefits | Serrano: ALJ failed to apply the medical-improvement comparative analysis required when terminating benefits | Commissioner: Initially defended termination but conceded ALJ erred in applying the standard | Court: ALJ erred by not applying medical-improvement standard; reversal required |
| Whether record compels immediate award of benefits or requires further proceedings | Serrano: Record and De Leon presumption mean benefits should be reinstated and awarded without further remand | Commissioner: Argues record contains conflicting evidence and remand for further admin proceedings is appropriate | Court: Record does not show substantial evidence of medical improvement; remand solely for calculation and award of benefits |
| Whether Commissioner met burden to rebut presumption of continuing disability after an earlier favorable finding | Serrano: SSA failed to rebut presumption that disability continued absent demonstrable change | Commissioner: Points to later exams (e.g., 1998 consultative exam) as evidence of improvement | Court: Commissioner failed to rebut presumption; presumption remains and termination reversed |
| Appropriate remedy for legal error in termination-of-benefits case | Serrano: Judgment on the pleadings and remand only for benefits calculation | Commissioner: Remand for further administrative factfinding | Court: Granted judgment for Serrano; remanded solely for calculation and award of benefits |
Key Cases Cited
- Burgess v. Astrue, 537 F.3d 117 (2d Cir.) (standard for district court review of SSA factual findings)
- Snell v. Apfel, 177 F.3d 128 (2d Cir.) (review requires examination of whole record)
- Mongeur v. Heckler, 722 F.2d 1033 (2d Cir.) (per curiam) (substantial-evidence standard)
- Lesterhuis v. Colvin, 805 F.3d 83 (2d Cir.) (definition of substantial evidence)
- Richardson v. Perales, 402 U.S. 389 (Supreme Court) (definition of substantial evidence)
- Veino v. Barnhart, 312 F.3d 578 (2d Cir.) (deference to administrative findings when supported by substantial evidence)
- De Leon v. Sec’y of Health & Human Servs., 734 F.2d 930 (2d Cir.) (establishing presumption against termination absent demonstrable medical improvement)
- Johnson v. Bowen, 817 F.2d 983 (2d Cir.) (awarding benefits when record compels one conclusion)
- Schaal v. Apfel, 134 F.3d 496 (2d Cir.) (rare circumstances for immediate payment of benefits)
- Parker v. Harris, 626 F.2d 225 (2d Cir.) (remedy principles)
- Velazquez v. Heckler, 586 F. Supp. 125 (S.D.N.Y.) (reversing termination where SSA failed to meet medical-improvement burden)