Mountain v. Commissioner of Social Security

Filing 19

DECISION AND ORDER denying 12 Motion for Judgment on the Pleadings. For the foregoing reasons, Plaintiff's Motion for Judgment on the Pleadings (Docket No. 12) is DENIED; and this case is DISMISSED. The Clerk is directed to enter final judgment in favor of the Commissioner and then close the file. (Signed by Magistrate Judge Gary R. Jones on 9/25/2024) (sgz) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------LEIGHANNA M.,
Plaintiff,

DECISION AND ORDER
1:24-CV-02376-GRJ

v.

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
----------------------------------------------------GARY R. JONES, United States Magistrate Judge:
In March of 2022, Plaintiff Leighanna M. 1 applied for Supplemental
Security Income Benefits under the Social Security Act. The Commissioner
of Social Security denied the application. Plaintiff, represented by
Severance, Burko, & Splater, P.C., Louis Ronald Burko, Esq., of counsel,
commenced this action seeking judicial review of the Commissioner’s
denial of benefits under 42 U.S.C. §§ 405 (g) and 1383 (c)(3). The parties
consented to the jurisdiction of a United States Magistrate Judge. (Docket
No. 10).
This case was referred to the undersigned on July 31, 2024.
Presently pending is Plaintiff’s Motion for Judgment on the Pleadings under

Plaintiff’s name has been partially redacted in compliance with Federal Rule of Civil
Procedure 5.2 (c)(2)(B) and the recommendation of the Committee on Court
Administration and Case Management of the Judicial Conference of the United States.
1

1

Rule 12 (c) of the Federal Rules of Civil Procedure. (Docket No. 12). For
the following reasons, Plaintiff’s motion is due to be denied and this case is
dismissed.
I. BACKGROUND
A.

Administrative Proceedings

Plaintiff applied for benefits on March 21, 2022, alleging disability
beginning May 1, 2015. (T at 103, 130). 2 Plaintiff’s application was denied
initially and on reconsideration. She requested a hearing before an
Administrative Law Judge (“ALJ”).
A hearing was held on March 27, 2023, before ALJ Kieran
McCormack. (T at 38-50). Plaintiff appeared with an attorney. (T at 36-65).
A supplemental hearing was held before the same ALJ on June 21, 2023.
(T at 51-87). Plaintiff appeared with her attorney and testified. (T at 60-82).
The ALJ also received testimony from Christine Spaulding, a vocational
expert. (T at 82-85).
B.

ALJ’s Decision

On July 17, 2023, the ALJ issued a decision denying the application
for benefits. (T at 7-27). The ALJ found that Plaintiff had not engaged in

2

Citations to “T” refer to the administrative record transcript at Docket No. 11.
2

substantial gainful activity since March 21, 2022 (the date she applied for
benefits). (T at 12).
The ALJ concluded that Plaintiff’s asthma, psychogenic non-epileptic
seizures, major depressive disorder, generalized anxiety disorder, attention
deficit hyperactivity disorder (ADHD), bipolar disorder, post-traumatic stress
disorder (PTSD), and borderline personality disorder were severe
impairments as defined under the Social Security Act. (T at 13).
However, the ALJ found that Plaintiff did not have an impairment or
combination of impairments that met or medically equaled one of the listed
impairments in 20 CFR Part 403, Subpart P, Appendix 1. (T at 13).
At step four of the sequential analysis the ALJ determined that
Plaintiff retained the residual functional capacity (“RFC”) to perform work at
all exertional levels, with the following non-exertional limitations: she cannot
work at jobs with concentrated exposure to extreme cold, extreme heat,
humidity, and/or airborne irritants such as fumes, odors, dusts, gases,
and/or smoke; she cannot work at jobs that require the operation of motor
vehicles or heavy machinery or that involve exposure to unprotected
heights, unprotected machinery, and/or machinery with moving mechanical
parts. (T at 15).

3

The ALJ also found Plaintiff limited to “low stress” jobs, defined as
jobs requiring no more than simple, routine, and repetitive tasks, involving
only simple work-related decisions; with no more than occasional
workplace changes; and where there is only occasional interaction with
supervisors, coworkers, and/or the public. (T at 15).
The ALJ determined that Plaintiff had no past relevant work. (T at 20).
Considering Plaintiff’s age (27 on the application date), education
(limited), work experience (no past relevant work), and RFC, the ALJ
determined that there were jobs that exist in significant numbers in the
national economy that Plaintiff can perform. (T at 20).
As such, the ALJ found that Plaintiff had not been under a disability,
as defined under the Social Security Act, and was not entitled to benefits
for the period between March 21, 2022 (the application date) and July 17,
2023 (the date of the ALJ’s decision). (T at 21).
On February 20, 2024, the Appeals Council denied Plaintiff’s request
for review, making the ALJ’s decision the Commissioner’s final decision. (T
at 1-6).
C.

Procedural History

Plaintiff commenced this action, by and through her counsel, by filing
a Complaint on March 28, 2024. (Docket No. 1). On July 27, 2024, Plaintiff
4

filed a motion for judgment on the pleadings, supported by a brief. (Docket
No. 12). The Commissioner interposed a brief in opposition to Plaintiff’s
motion and in support of the denial of benefits, on August 26, 2024.
(Docket No. 16).
II. APPLICABLE LAW
A.

Standard of Review

“It is not the function of a reviewing court to decide de novo whether a
claimant was disabled.” Melville v. Apfel, 198 F.3d 45, 52 (2d Cir. 1999).
The court’s review is limited to “determin[ing] whether there is substantial
evidence supporting the Commissioner's decision and whether the
Commissioner applied the correct legal standard.” Poupore v. Astrue, 566
F.3d 303, 305 (2d Cir. 2009) (per curiam).
The reviewing court defers to the Commissioner's factual findings,
which are considered conclusive if supported by substantial evidence. See
42 U.S.C. § 405(g). “Substantial evidence” is “more than a mere scintilla”
and “means such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.” Lamay v. Commissioner of Soc. Sec.,
562 F.3d 503, 507 (2d Cir. 2009) (internal quotations omitted) (quoting
Richardson v. Perales, 402 U.S. 389, 401 (1971)).

5

“In determining whether the agency's findings are supported by
substantial evidence, the reviewing court is required to examine the entire
record, including contradictory evidence and evidence from which
conflicting inferences can be drawn.” Talavera v. Astrue, 697 F.3d 145,
151 (2d Cir. 2012) (internal quotations omitted).
“When there are gaps in the administrative record or the ALJ has
applied an improper legal standard,” or when the ALJ’s rationale is unclear,
remand “for further development of the evidence” or for an explanation of
the ALJ’s reasoning is warranted. Pratts v. Chater, 94 F.3d 34, 39 (2d Cir.
1996).
B.

Five-Step Sequential Evaluation Process

Under the Social Security Act, a claimant is disabled if he or she
lacks the ability “to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment which can be
expected to result in death or which has lasted or can be expected to last
for a continuous period of not less than 12 months ....” 42 U.S.C. §
423(d)(1)(A).
A claimant’s eligibility for disability benefits is evaluated pursuant to a
five-step sequential analysis:
1. The Commissioner considers whether the claimant is
currently engaged in substantial gainful activity.
6

2. If not, the Commissioner considers whether the claimant has
a “severe impairment” which limits his or her mental or physical
ability to do basic work activities.
3. If the claimant has a “severe impairment,” the Commissioner
must ask whether, based solely on medical evidence, claimant
has an impairment listed in Appendix 1 of the regulations. If the
claimant has one of these enumerated impairments, the
Commissioner will automatically consider him disabled, without
considering vocational factors such as age, education, and
work experience.
4. If the impairment is not “listed” in the regulations, the
Commissioner then asks whether, despite the claimant's severe
impairment, he or she has residual functional capacity to
perform his or her past work.
5. If the claimant is unable to perform his or her past work, the
Commissioner then determines whether there is other work
which the claimant could perform.
See Rolon v. Commissioner of Soc. Sec., 994 F. Supp. 2d 496, 503
(S.D.N.Y. 2014); see also 20 C.F.R. §§ 404.1520(a)(4)(i)–(v),
416.920(a)(4)(i)–(v).
The claimant bears the burden of proof as to the first four steps; the
burden shifts to the Commissioner at step five. See Green-Younger v.
Barnhart, 335 F.3d 99, 106 (2d Cir. 2003). At step five, the Commissioner
determines whether claimant can perform work that exists in significant
numbers in the national economy. See Butts v. Barnhart, 416 F.3d 101,
103 (2d Cir. 2005); 20 C.F.R. § 404.1560(c)(2).
7

III. DISCUSSION
Plaintiff raises two main arguments in support of her request for
reversal of the ALJ’s decision. First, Plaintiff argues that the ALJ’s
assessment of the medical opinion evidence was flawed. Second, she
contends that the ALJ erred in discounting her subjective complaints. The
Court will address both arguments in turn.
A.

Medical Opinion Evidence

“Regardless of its source, the ALJ must evaluate every medical
opinion in determining whether a claimant is disabled under the [Social
Security] Act.” Pena ex rel. E.R. v. Astrue, No. 11-CV-1787 (KAM), 2013
WL 1210932, at *14 (E.D.N.Y. Mar. 25, 2013) (citing 20 C.F.R. §§
404.1527(c), 416.927(d) (2020)) (internal quotation marks omitted).
In January of 2017, the Social Security Administration promulgated
new regulations regarding the consideration of medical opinion evidence.
The revised regulations apply to claims filed on or after March 27, 2017.
See 20 C.F.R. § 404.1520c. Because Plaintiff applied for benefits after that
date, the new regulations apply here.
The ALJ no longer gives “specific evidentiary weight to medical
opinions,” but rather considers all medical opinions and “evaluate[s] their
persuasiveness” based on supportability, consistency, relationship with the
8

claimant, specialization, and other factors. See 20 C.F.R. § 404.1520c (a),
(b)(2). The ALJ is required to “articulate how [he or she] considered the
medical opinions” and state “how persuasive” he or she finds each opinion,
with a specific explanation provided as to the consistency and
supportability factors. See 20 C.F.R. § 404.1520c (b)(2).
Consistency is “the extent to which an opinion or finding is consistent
with evidence from other medical sources and non-medical sources.” Dany
Z. v. Saul, 531 F. Supp. 3d 871, 882 (D. Vt. 2021)(citing 20 C.F.R. §
416.920c(c)(2)). The “more consistent a medical opinion” is with “evidence
from other medical sources and nonmedical sources,” the “more
persuasive the medical opinion” will be. See 20 C.F.R. § 404.1520c(c)(2).
Supportability is “the extent to which an opinion or finding is
supported by relevant objective medical evidence and the medical source’s
supporting explanations.” Dany Z, 531 F. Supp. 3d at 881. “The more
relevant the objective medical evidence and supporting explanations
presented by a medical source are to support his or her medical opinion(s)
or prior administrative medical finding(s), the more persuasive the medical
opinions or prior administrative medical finding(s) will be.” 20 C.F.R. §
404.1520 (c)(1), 416.920c(c)(1).

9

In the present case, Amalia Hubal, Plaintiff’s treating mental health
therapist, completed a functional assessment in June of 2023. Ms. Hubal
characterized Plaintiff’s prognosis as poor and assessed extreme limitation
in her activities of daily living, extreme difficulties in maintaining social
functioning, and extreme difficulties in maintaining concentration,
persistence, or pace. (T at 1310, 1312).
Ms. Hubal described Plaintiff as experiencing four or more episodes
of decompensation in the previous year, each of at least two weeks
duration, and opined that Plaintiff was likely to be absent from work more
than 4 days per month due to her impairments or treatment. (T at 1312).
The ALJ found Ms. Hubal’s assessment of extreme limitations
unpersuasive as it was unsupported by, and inconsistent with, the overall
record. (T at 19).
The ALJ’s decision was supported by substantial evidence and
consistent with applicable law.
First, the ALJ’s conclusion that Ms. Hubal’s opinion was not wellsupported is consistent with a reasonable reading of the record. Treatment
notes from the relevant period document symptoms of anxiety and
depression, but describe Plaintiff as demonstrating fair judgment, good
insight, cooperative attitude/behavior, unremarkable attention or intact
10

concentration, average intellectual functioning, adequate grooming, goaldirected and expressive speech, and normal psychomotor activity, with no
thoughts of suicide, no evidence of psychosis, good eye contact, and
logical thought processes. (T at 17, 720-21, 734-36, 855, 859, 1264-65,
1300, 1302).
Although ALJs must be careful not to overestimate the significance of
a claimant’s ability to be cooperative and appropriate during brief visits with
supportive medical providers, such evidence can support a decision to
discount marked or extreme limitations. See, e.g., Knief v. Comm'r of Soc.
Sec., No. 20 Civ. 6242 (PED), 2021 WL 5449728, at *1–2, 8–9 (S.D.N.Y.
Nov. 22, 2021) (affirming ALJ decision based on treatment records and
mental status examinations that claimant had “meaningful, but not
profound, mental restrictions” with chronic anxiety and mood disturbances,
adequately treated with regular psychiatric appointments and psychiatric
medications); Burchette v. Comm'r of Soc. Sec., No. 19 CIV. 5402 (PED),
2020 WL 5658878, at *10 (S.D.N.Y. Sept. 23, 2020)(“In sum, Dr. Phillips’
opinion, combined with largely unremarkable mental status examination
findings in the treatment record and plaintiff's ADLs, provide substantial
evidence for the ALJ's RFC determination.”).

11

Second, the ALJ’s decision is supported by other medical opinion
evidence of record. Dr. Todd Deneen performed a consultative psychiatric
evaluation in May of 2022. Dr. Deneen described Plaintiff as cooperative,
with fair social skills and appropriate eye contact, coherent and goaldirected thought processes, appropriate orientation, anxious affect, and
euthymic mood. (T at 702-703). Dr. Deneen found Plaintiff’s attention and
concentration mildly impaired, with intact recent and remote memory skills,
average cognitive functioning, fair insight, and poor judgment. (T at 703).
Dr. Deneen assessed no limitation in Plaintiff's ability to understand,
remember, or apply directions; mild impairment in her ability to use reason
and judgment to make work-related decisions, interact with others, sustain
concentration and perform at a consistent pace, and maintain hygiene and
appropriate attire. (T at 704). He opined that Plaintiff would have moderate
limitation in her ability to sustain an ordinary routine and regular
attendance, regulate her emotions, control her behavior, and maintain her
well-being. (T at 704).
Dr. Li, a non-examining State Agency review consultant, reviewed the
record in July of 2021, and opined that Plaintiff had mild limitation in
understanding, remembering, or applying information, and moderate
impairment as to social interaction and with respect to concentration,
12

persistence, and pace. (T at 94). Dr. Li believed Plaintiff could meet the
basic mental demands of unskilled work in a low-contact environment. (T at
100). In November of 2022, Dr. Bhutwala, another State Agency review
consultant, assessed the same limitations. (T at 118, 125-26).
The ALJ found Dr. Deneen’s opinion mostly persuasive, but did not
accept the consultative examiner’s assessment of moderate impairment in
Plaintiff’s ability to sustain a schedule and maintain attendance. (T at 1719). The ALJ deemed the State Agency review physicians’ assessments
generally persuasive, although he found the evidence consistent with only
mild impairment in Plaintiff’s ability to adapt to changes in a routine work
setting. (T at 17).
The opinions of Dr. Deneen, Dr. Bhutwala, and Dr. Li support the
ALJ’s decision to discount the extreme limitations assessed by Ms. Hubal.
Although Plaintiff notes that Dr. Deneen assessed moderate
impairment in her ability to sustain a schedule and regular attendance, this
finding, without more, does not support Ms. Hubal’s assessment of extreme
limitation in this domain of functioning.3 See Sanchez v. Berryhill, No. 16-

Plaintiff also notes that the State Agency review consultants did not have the
opportunity to review treatment notes submitted after they rendered their assessments.
However, the subsequent treatment notes are not materially different from the records
reviewed by the consultants. The Court finds no error in the ALJ’s decision to consider
the State Agency review physicians’ assessments as part of his overall determination.
3

13

CV-07775 (PGG) (DF), 2018 WL 1472687, at *20 (S.D.N.Y. Feb. 28, 2018),
report and recommendation adopted sub nom. Sanchez v. Comm'r of Soc.
Sec., No. 16-CIV-7775-PGG-DCF, 2018 WL 1478040 (S.D.N.Y. Mar. 23,
2018) (“[W]hile both of the consultants did opine that Plaintiff had certain of
the same or similar mental impairments as those assessed by [treating
provider], their views as to the ‘mild’ or ‘moderate’ severity of those
impairments … did not support [the treating provider’s] expressed view that
many of Plaintiff's impairments were ‘marked’ or ‘extreme.’”)(internal
citations omitted).
Moreover, to the extent the record is indicative of impairment in
Plaintiff’s mental functioning, including her ability to self-regulate, adapt to
changes, and maintain attendance, the ALJ adequately accounted for
these limitations by restricting Plaintiff to “low stress” jobs, i.e., jobs
requiring no more than simple, routine, and repetitive tasks, only simple
work-related decisions; with no more than occasional workplace changes;
and only occasional interaction with supervisors, coworkers, and/or the
public. (T at 15). See McIntyre v. Colvin, 758 F.3d 146, 150-51 (2d Cir.
2014)(finding that ALJ appropriately accounted for moderate work-related
psychiatric limitations by limiting the claimant to unskilled, low stress work
involving limited contract with others); see also Platt v. Comm'r of Soc.
14

Sec., 588 F. Supp. 3d 412, 422 (S.D.N.Y. 2022)(collecting cases); Walters
v. Saul, No. CV 19-3232 (AYS), 2021 WL 4861521, at *11 (E.D.N.Y. Oct.
19, 2021); Jacqueline L. v. Comm'r of Soc. Sec., 515 F. Supp. 3d 2, 12
(W.D.N.Y. 2021).
Lastly, the ALJ’s decision to discount the extreme limitations
assessed by Ms. Hubal is supported by appropriate consideration of
Plaintiff’s activities of daily living, which included cooking, performing
household chores, and childcare. (T at 16, 703-04).
While ALJs must not overinterpret a claimant’s ability to perform
limited activities of daily living, an ALJ may discount an assessment of
extreme impairment where, as here, the claimant’s activities could
reasonably be considered inconsistent with that level of impairment. See
Riaz v. Comm'r of Soc. Sec., No. 20CIV8418JPCSLC, 2022 WL 6564018,
at *15 (S.D.N.Y. Aug. 5, 2022)(collecting cases), report and
recommendation adopted, No. 20CIV8418JPCSLC, 2022 WL 4482297
(S.D.N.Y. Sept. 27, 2022).
Plaintiff offers a different reading of the record and alternate
assessment of the medical opinion evidence. However, for the reasons
discussed above, the Court finds the ALJ’s decision supported by
substantial evidence, including a reasonable reading of the treatment
15

record, careful consideration of the medical opinion evidence, and
appropriate assessment of Plaintiff’s activities of daily living. The decision
must therefore be sustained under the deferential standard of review
applicable here. See DuBois v. Comm'r of Soc. Sec., No. 20-CV-8422
(BCM), 2022 WL 845751, at *8 (S.D.N.Y. Mar. 21, 2022)(“To be sure, there
is some evidence in the record that would support the conclusion that
plaintiff had greater limitations than those the ALJ built into her RFC. But
that is not the test.”); see also Knief v. Comm'r of Soc. Sec., No. 20 Civ.
6242 (PED), 2021 WL 5449728, at *1–2, 8–9 (S.D.N.Y. Nov. 22, 2021)
(affirming ALJ decision based on treatment records and mental status
examinations that claimant had “meaningful, but not profound, mental
restrictions” with chronic anxiety and mood disturbances, adequately
treated with regular psychiatric appointments and psychiatric medications);
Burchette v. Comm'r of Soc. Sec., No. 19 CIV. 5402 (PED), 2020 WL
5658878, at *10 (S.D.N.Y. Sept. 23, 2020)(“In sum, Dr. Phillips’ opinion,
combined with largely unremarkable mental status examination findings in
the treatment record and plaintiff's ADLs, provide substantial evidence for
the ALJ's RFC determination.”).

16

B.

Subjective Complaints

A claimant’s subjective complaints of pain and limitation are “an
important element in the adjudication of [social security] claims, and must
be thoroughly considered in calculating the [RFC] of a claimant.” Meadors
v. Astrue, 370 F. App'x 179, 183 (2d Cir. 2010) (citation omitted); see also
20 C.F.R. § 416.929.
However, “the ALJ is … not required to accept the claimant’s
subjective complaints without question.” Genier v. Astrue, 606 F.3d 46, 49
(2d Cir. 2010) (citations omitted).
Rather, the ALJ “may exercise discretion in weighing the credibility of
the claimant's testimony in light of other evidence in the record.” Id. (citation
omitted); see also Henningsen v. Comm'r of Soc. Sec., 111 F. Supp. 3d
250, 267 (E.D.N.Y. 2015) (“The ALJ retains discretion to assess the
credibility of a claimant's testimony regarding disabling pain and ‘to arrive
at an independent judgment, in light of medical findings and other
evidence, regarding the true extent of the pain alleged by the claimant.’”
(quoting Marcus v. Califano, 615 F.2d 23, 27 (2d Cir. 1979))).
The ALJ follows a two-step process in evaluating a claimant’s
credibility. First, “the ALJ must decide whether the claimant suffers from a

17

medically determinable impairment that could reasonably be expected to
produce the symptoms alleged.” Genier, 606 F.3d at 49 (citation omitted).
Second, “the ALJ must consider the extent to which the claimant's
symptoms can reasonably be accepted as consistent with the objective
medical evidence and other evidence of record.” Id. (citation, alterations,
and quotation marks omitted). The ALJ must “consider all of the available
medical evidence, including a claimant's statements, treating physician's
reports, and other medical professional reports.” Fontanarosa v. Colvin, No.
13-CV-3285, 2014 U.S. Dist. LEXIS 121156, at *36 (E.D.N.Y. Aug. 28,
2014) (citing Whipple v. Astrue, 479 F. App'x 367, 370-71 (2d Cir. 2012)).
If the claimant’s allegations of pain and limitation are “not
substantiated by the objective medical evidence, the ALJ must engage in a
credibility inquiry.” Meadors, 370 F. App’x at 184.
This inquiry involves seven (7) factors: (1) the claimant's daily
activities; (2) the location, duration, frequency, and intensity of the pain; (3)
precipitating and aggravating factors; (4) the type, dosage, effectiveness,
and side effects of any medications taken to alleviate the pain; (5) any
treatment, other than medication, that the claimant has received; (6) any
other measures that the claimant employs to relieve the pain; and (7) other

18

factors concerning the claimant's functional limitations and restrictions as a
result of the pain. See 20 C.F.R. § 404.1529(c)(3)(i)-(vii)).
If the ALJ discounts the claimant’s credibility, the ALJ “must explain
the decision to reject a claimant's testimony “with sufficient specificity to
enable the [reviewing] Court to decide whether there are legitimate reasons
for the ALJ’s disbelief and whether [the ALJ’s] decision is supported by
substantial evidence.” Calzada v. Astrue, 753 F. Supp. 2d 250, 280
(S.D.N.Y. 2010)(alterations in original, citations omitted).
In the present case, Plaintiff testified that she has frequent seizures
related to her anxiety. (T at 66-68, 80). She experiences pain after the
seizures. (T at 69). She has had memory loss, social phobias, and
engages in limited activities of daily living. (T at 70-74).
The ALJ found that Plaintiff’s medically determinable impairments
could reasonably be expected to cause the alleged symptoms, but
concluded that her statements concerning the intensity, persistence, and
limiting effects of those symptoms were not fully credible. (T at 16).
The Court finds the ALJ’s decision to discount Plaintiff’s subjective
complaints supported by substantial evidence and consistent with
applicable law.

19

First, the ALJ found Plaintiff’s complaints of disabling psychiatric
symptoms and limitation not fully consistent with the treatment record (T at
16-18). An ALJ has the discretion to discount a claimant’s subjective
complaints where, as here, those complaints can be considered
inconsistent with the overall clinical assessments and treatment notes. See
Kuchenmeister v. Berryhill, No. 16 Civ. 7975, 2018 U.S. Dist. LEXIS 9750,
at *59 (S.D.N.Y. Jan. 19, 2018); Rodriguez v. Colvin, No. 15 Civ. 6350,
2016 U.S. Dist. LEXIS 159003, at *68-69 (S.D.N.Y. Nov. 14, 2016); Robles
v. Colvin, No. 16CV1557 (KMK) (LMS), 2019 U.S. Dist. LEXIS 62118, at
*51 (S.D.N.Y. Apr. 9, 2019).
Second, the ALJ reasonably found Plaintiff’s subjective complaints
inconsistent with the well-supported medical opinion evidence, including
the assessments of Dr. Deneen, Dr. Bhutwala, and Dr. Li. (T at 17-18). See
McLaughlin v. Sec'y of Health, Educ. & Welfare, 612 F.2d 701, 705 (2d Cir.
1980) (The “ALJ has the discretion to evaluate the credibility of a claimant
and to arrive at an independent judgment, in light of medical findings and
other evidence, regarding the true extent of the pain alleged by the
claimant.”); DeJesus v. Colvin, 12 Civ. 7354, 2014 U.S. Dist. LEXIS 22238,
at *63 (S.D.N.Y. Jan. 23, 2014) (“[T]he ALJ properly chose to give little
weight to [claimant’s] unsupported complaints and claims given that he
20

analyzed them in light of the objective medical evidence in the record.”);
see also Penfield v. Colvin, 563 F. App'x 839, 840 (2d Cir. 2014).
Lastly, the ALJ reasonably gave some weight to evidence that
Plaintiff engaged in a wider array of activities than she alleged. (T at 16).
While ALJs must not overinterpret a claimant’s ability to perform limited
activities of daily living, the regulations permit consideration of the
claimant’s “daily activities” when assessing credibility. See 20 C.F.R. §
404.1529(c)(3)(i).
There is no question that Plaintiff suffers from psychiatric symptoms
and limitation. The ALJ did not dismiss Plaintiff’s subjective complaints and
found her limited to a reduced range of low stress work. (T at 15). The ALJ
offered specific support for the decision to discount Plaintiff’s subjective
complaints of disabling symptoms, including a reasonable reading of the
treatment notes and clinical assessments and proper consideration of the
activities of daily living.
This is sufficient to sustain the disability determination under the
deferential standard of review applicable here. See Stanton v. Astrue, 370
Fed App'x 231, 234 (2d Cir. 2010)(stating that courts will not “secondguess the credibility finding . . . where the ALJ identified specific recordbased reasons for his ruling”); Hilliard v. Colvin, No. 13 Civ. 1942, 2013
21

U.S. Dist. LEXIS 156653, at *48 (S.D.N.Y. Oct. 31, 2013)(finding that ALJ
“met his burden in finding [subjective] claims not entirely credible because
[claimant] remains functional in terms of activities of daily living and the
objective medical evidence fails to support her claims of total disability
based on pain”).
IV. CONCLUSION
For the foregoing reasons, Plaintiff’s Motion for Judgment on the
Pleadings (Docket No. 12) is DENIED; and this case is DISMISSED. The
Clerk is directed to enter final judgment in favor of the Commissioner and
then close the file.

s/ Gary R. Jones

Dated: September 25, 2024

GARY R. JONES
United States Magistrate Judge

22