Wilkinson v. Colvin
5:12-cv-01725
N.D.N.Y.May 29, 2014Background
- Plaintiff William L.C. Wilkinson applied for DIB and SSI alleging disability beginning October 26, 2009; applications were denied administratively and the ALJ issued an unfavorable decision on June 24, 2011; Appeals Council denied review and plaintiff sued for judicial review.
- Medical record shows physical impairments including synovial chondromatosis of the left great toe (surgery recommended), L4-5 disc bulge/mild degenerative changes and chronic low back pain, prior wrist injury, and intermittent respiratory complaints; physical exams and PT yielded mixed findings about functional limits.
- Mental-health records show treatment for anger management and mood complaints (2007–2010); treating therapists noted progress in anger control, plaintiff declined meds and group therapy; consultative and state psychologists found mild or non-severe psychiatric limitations.
- The ALJ found severe impairments of arthritis, a left great toe tumor, and L4-5 disc bulge, but found plaintiff’s depression non-severe, assessed an RFC for sedentary work, concluded plaintiff could not do past relevant work, and found other jobs existed in the national economy.
- Plaintiff moved for judgment on the pleadings arguing (1) improper weighing of a consultative psychologist’s opinion, (2) erroneous finding of only mild mental limitations, (3) faulty credibility evaluation of subjective symptoms, and (4) an unsupported RFC.
- The district court upheld the ALJ: found the ALJ properly applied applicable regulatory factors, reasonably credited medical opinions finding non-severe mental impairment, supported the partial-credibility finding, and concluded the sedentary-RFC was supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight given to consultative/state psychologist opinion | ALJ over-relied on a single-exam opinion and failed to apply regulatory factors when assigning weight | ALJ applied 20 C.F.R. § 404.1527/416.927 factors and substantial evidence supports giving the consultative opinion great weight | Court: ALJ properly applied the factors and substantial evidence supports weight given to consultative opinion |
| Severity of mental limitations (social functioning; concentration, persistence, pace) | Plaintiff argues record shows marked limits from anger and depression, not mild ones | Defendant points to treating notes showing improvement, consultative/state opinions of mild/non-severe impairment, and plaintiff’s activities | Court: Finding of only mild limitations in these domains is supported by the record and medical opinions |
| Credibility of subjective symptom claims (pain, functional limits) | Plaintiff alleges ALJ failed to follow SSR 96-7p and 20 C.F.R. credibility factors and misused daily-activity evidence (childcare) | Defendant argues ALJ considered objective evidence, daily activities, treatment refusals, and explained reasons for partially rejecting allegations | Court: ALJ provided specific, supported reasons for partial non-credibility; reliance on activities and medical evidence was proper |
| RFC and step-five conclusion (ability to work nationally) | Plaintiff contends RFC understates mental/physical limits and that sedentary work findings are unsupported | Defendant contends RFC reflected credited limitations (sedentary) and was supported by medical record and opinions | Court: RFC for full range of sedentary work and step-five finding that other jobs exist are supported by substantial evidence |
Key Cases Cited
- Wagner v. Sec'y of Health & Human Servs., 906 F.2d 856 (2d Cir. 1990) (standard for district-court review of SSA decisions; defer to Commissioner if supported by substantial evidence)
- Schaal v. Apfel, 134 F.3d 496 (2d Cir. 1998) (treating-source rule and factors for evaluating medical opinion weight)
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (definition of substantial evidence)
- Valente v. Sec'y of Health & Human Servs., 733 F.2d 1037 (2d Cir. 1984) (court may not substitute its judgment for Commissioner when record supports decision)
- Bowen v. Yuckert, 482 U.S. 137 (U.S. 1987) (burdens at sequential-evaluation steps)
- Snell v. Apfel, 177 F.3d 128 (2d Cir. 1999) (ultimate disability determination is reserved to the Commissioner)
- Rosado v. Sullivan, 805 F. Supp. 147 (S.D.N.Y. 1992) (deference to Commissioner's findings when supported by substantial evidence)