521 F. App'x 29
2d Cir.2013Background
- Tankisi, a Turkish-speaking claimant, applied for disability insurance benefits and SSI on January 9, 2007.
- Claims were denied initially and after an ALJ hearing on July 20, 2009.
- The Appeals Council denied review on May 21, 2010.
- The district court ruled for the Commissioner; Tankisi appeals.
- The record includes an interpreter via telephone and a remote video hearing; no objection was raised to the arrangement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpreter adequacy at the hearing | Tankisi argues interpreter was ineffective, denying a full and fair hearing | Commissioner contends interpreter provided adequate translation | Not reversible error; interpretation sufficient and no denial of due process |
| Duty to order a consultative intelligence examination | ALJ should have ordered a consultative intelligence exam to supplement the record | ALJ not required to order if record is sufficient | No error; record supported RFC without a new intelligence exam |
| RFC supported by substantial evidence | RFC not supported; improper weighting of doctors' opinions | RFC grounded in substantial evidence including consultative and state opinions | RFC supported by substantial evidence; no reversible error |
| Credibility assessment of Tankisi's testimony | ALJ erred in discounting pain testimony | Medical records support the ALJ's credibility findings | Credibility assessment supported by record evidence |
Key Cases Cited
- Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008) (plenary review; substantial evidence standard applied)
- Moran v. Astrue, 569 F.3d 108 (2d Cir. 2009) (definition of substantial evidence; not de novo review)
- Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443 (2d Cir. 2012) (affirmation of substantial evidence framework; treating source weight)
- Pratts v. Chater, 94 F.3d 34 (2d Cir. 1996) (standard for evaluating disability determinations under SSA framework)