Skalka v. Commissioner of Social Security
1:16-cv-03228
| E.D.N.Y | Mar 31, 2019Background
- Plaintiff Ellen Skalka, a 68-year-old former speech therapist, applied for SSDI claiming disability from PTSD after a student punched her on Sept. 12, 2012.
- Medical record includes long-term treating psychologist Catherine Masterson (weekly therapy since Dec. 2012), PCP Dr. Brian Moynihan, consultative exams by Drs. Herman, Glasman, Caiati, and a state consultant Stockton.
- Masterson diagnosed severe anxiety/PTSD with marked workplace limitations (including agoraphobia, frequent panic attacks) but did not produce contemporaneous therapy notes; she submitted summaries and RFC opinions.
- Consultative examiners (notably Dr. Herman) found panic disorder but generally benign exam findings and concluded Skalka could perform low-level work tasks; Stockton and others found only moderate limitations.
- At the ALJ hearing Skalka testified to panic attacks, social avoidance, limited concentration, but also daily activities (travel with companions, outings, socializing, a recent trip abroad). Vocational expert testified Skalka had transferable clerical skills and could work as a file clerk, office clerk, or data examination clerk with some absences.
- ALJ denied benefits: discredited some of Skalka/Masterson’s limitations, gave little weight to Masterson and parts of other opinions, found RFC for low-stress work with limited coworker/supervisor contact and no public contact, and relied on VE testimony to find transferable skills and jobs in the national economy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Treating-physician weight (Masterson) | ALJ failed to give controlling or adequate weight to Masterson’s treating opinions that Skalka is unable to work. | ALJ permissibly discounted Masterson because she provided no supporting treatment notes and her opinions conflicted with other substantial record evidence. | ALJ gave "good reasons" for assigning little weight to Masterson; substantial evidence supports that decision. |
| Duty to develop the record | ALJ should have sought additional records or updates post-Herman to assess progression of PTSD. | Record contained post-Herman evidence (Masterson) and no missing records identified; ALJ had sufficient evidence. | No failure to develop the record; ALJ satisfied duty. |
| Transferable skills / age vocational rule | As claimant "closely approaching retirement age," skills transfer to light work only if minimal vocational adjustment; ALJ erred in finding transferability. | VE identified specific transferable clerical skills and specific occupations; SSR 82-41 permits transfer where clerical skills are widely applicable. | ALJ properly relied on VE testimony and SSR guidance; transferable skills found and jobs identified. |
| Credibility / RFC formulation | ALJ improperly discounted Skalka's symptom testimony and understated limitations in RFC. | ALJ reasonably found inconsistencies between claimed limitations and testimony/medical evidence and limited RFC accordingly. | Credibility and RFC findings supported by substantial evidence (daily activities, conservative treatment, conflicting consultative findings). |
Key Cases Cited
- Lesterhuis v. Colvin, 805 F.3d 83 (2d Cir.) (treating physician and burden-shifting principles)
- Greek v. Colvin, 802 F.3d 370 (2d Cir.) (when treating opinion contradicted by record, ALJ need not give controlling weight)
- Selian v. Astrue, 708 F.3d 409 (2d Cir.) (factors for weighing medical opinions and RFC assessment)
- Burgess v. Astrue, 537 F.3d 117 (2d Cir.) (ALJ must give ‘‘good reasons’’ for discounting treating physician opinion)
- Poupore v. Astrue, 566 F.3d 303 (2d Cir.) (burden shifts to Commissioner at step five to show other work exists)
- Veino v. Barnhart, 312 F.3d 578 (2d Cir.) (Commissioner resolves genuine conflicts in medical evidence)