Wood v. Colvin
987 F. Supp. 2d 180
N.D.N.Y.2013Background
- Keith Wood (born 1960) applied for SSDI on Feb 8, 2007, alleging disability from Oct 25, 2006 due primarily to type 2 diabetes with sensory neuropathy causing severe foot/leg pain; claim denied administratively and on appeal, and Appeals Council denied review.
- Medical records show morbid obesity, poorly controlled diabetes, decreased plantar sensation on foot exam, use of a cane, and treating physician Dr. John Rugge’s opinion limiting standing/walking to under two hours per day; consultative examiner Dr. Kenneth Stein found decreased plantar sensation and a slow gait.
- Wood testified he can stand/walk only 5–10 minutes before resting, needs a cane, and performs only limited household tasks; psychological consult (Dr. Osika) diagnosed adjustment disorder, depressed mood, with only mild functional limitations.
- ALJ found severe physical impairments (including diabetes and obesity), non-severe mental impairment, RFC allowing occasional lifting of 10 lbs, sitting without limitation, and standing/walking about one hour total per workday in brief increments; concluded Wood could not perform past work but could perform several unskilled sedentary jobs.
- District Court reviewed the ALJ decision: affirmed findings at steps 1, 2, 4, and 5 (RFC and vocational conclusion), but reversed and remanded because the ALJ failed to adequately explain step 3 (whether Wood’s impairments met or medically equaled a listing, notably Diabetes Mellitus listing §9.08 and related neurological criteria §11.00C).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ properly assessed severity of Wood's mental impairment | Wood argued mental limitations were more than mild and should affect RFC | Commissioner argued evidence (consultative exam, treating notes) supported mild limitations | Court held ALJ correctly applied the special technique and substantial evidence supports finding of non-severe mental impairment |
| Whether ALJ adequately evaluated listed-impairment equivalence at step 3 | Wood argued record suggests diabetes-related neuropathy may meet/listing §9.08 (neuropathy affecting gait/motor function) | Commissioner relied on ALJ’s conclusory step-3 statement that listing-level severity was not shown | Court held ALJ failed to articulate sufficient rationale at step 3 and remanded for further findings on potential match/equivalence to Appendix 1 listings |
| Whether ALJ’s RFC assessment was supported by substantial evidence | Wood contested RFC, claiming greater limits (e.g., inability to sit) | Commissioner pointed to treating and consultative opinions and ALJ’s credibility assessment supporting the RFC | Court held substantial evidence supports the ALJ’s RFC, including credibility determinations regarding sitting limitations |
| Whether ALJ’s step-5 reliance on vocational expert was proper | Wood argued he cannot perform the sedentary jobs identified | Commissioner argued hypothetical to vocational expert accurately reflected RFC and impairments, including cane and breaks | Court held vocational testimony was properly elicited from a VE based on the RFC and supported the ALJ’s conclusion that jobs exist in the national economy |
Key Cases Cited
- Rosa v. Callahan, 168 F.3d 72 (2d Cir. 1999) (standard for substantial evidence and burden allocation in SSDI review)
- Richardson v. Perales, 402 U.S. 389 (U.S. 1971) (definition of substantial evidence)
- Butts v. Barnhart, 388 F.3d 377 (2d Cir. 2004) (remand appropriate when record gaps impede proper disposition)
- Ferraris v. Heckler, 728 F.2d 582 (2d Cir. 1984) (ALJ must set forth crucial factors with sufficient specificity)
- Aponte v. Secretary, Dep’t of Health & Human Servs., 728 F.2d 588 (2d Cir. 1984) (remand required when evidence suggests a listing may be met and ALJ’s reasoning is unclear)
- Genier v. Astrue, 606 F.3d 46 (2d Cir. 2010) (framework for evaluating claimant’s subjective pain testimony)