Hilson v. Commissioner of Social Security
Filing
15
DECISION AND ORDER GRANTING Defendant's 11 Motion for Judgment on the Pleadings; DENYING Plaintiff's 9 Motion for Judgment on the Pleadings; DIRECTING the Clerk of Court to close this case. Signed by William M. Skretny, Chief Judge on 3/23/2014. (MEAL) - CLERK TO FOLLOW UP -
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
TYRONE HILSON,
Plaintiff,
v.
DECISION AND ORDER
12-CV-1068S
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY,1
Defendant.
1.
Plaintiff, Tyrone Hilson, challenges the determination of an Administrative
Law Judge (“ALJ”) that he is not disabled within the meaning of the Social Security Act
(“the Act”). Hilson alleges that he has been disabled since June 9, 2009.
2.
The Commissioner of Social Security (“Commissioner”) denied Hilson’s initial
application for benefits, and as result, he requested an administrative hearing. He received
that hearing before ALJ William Weir on April 7, 2011. The ALJ considered the case de
novo, and on August 26, 2011, issued a decision denying Hilson’s application. Hilson’s
request for review with the Appeals Council was denied, prompting him to file the current
civil action on November 2, 2012, challenging Defendant’s final decision.2
3.
On August 5, 2013 Hilson and the Commissioner both filed a motion for
judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure.
1
Carolyn W. Colvin became the Acting Commissioner of the Social Security Administration on
February 14, 2013. Therefore, under Rule 25(d) of the Federal Rules of Civil Procedure, Colvin is
substituted for former Commissioner, Michael J. Astrue, as the defendant in this suit.
2
The ALJ’s August 26, 2011 decision became the Commissioner’s final decision when the
Appeals Council declined to review Hilson’s claim.
1
4.
A court reviewing a denial of disability benefits may not determine de novo
whether an individual is disabled. See 42 U.S.C. §§ 405(g), 1383(c)(3); Wagner v. Sec’y
of Health & Human Servs., 906 F.2d 856, 860 (2d Cir. 1990). Rather, the Commissioner’s
determination will be reversed only if it is not supported by substantial evidence or there
has been a legal error. See Grey v. Heckler, 721 F.2d 41, 46 (2d Cir. 1983); Marcus v.
Califano, 615 F.2d 23, 27 (2d Cir. 1979). Substantial evidence is that which amounts to
“more than a mere scintilla”; it has been defined as “such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.” Richardson v.
Perales, 402 U.S. 389, 401, 91 S. Ct. 1420, 1427, 28 L. Ed. 2d 842 (1971). Where
evidence is deemed susceptible to more than one rational interpretation, the
Commissioner’s conclusion must be upheld. See Rutherford v. Schweiker, 685 F.2d 60,
62 (2d Cir. 1982).
5.
“To determine on appeal whether the ALJ's findings are supported by
substantial evidence, a reviewing court considers the whole record, examining the
evidence from both sides, because an analysis of the substantiality of the evidence must
also include that which detracts from its weight.” Williams on Behalf of Williams v. Bowen,
859 F.2d 255, 258 (2d Cir. 1988). If supported by substantial evidence, the Commissioner's
finding must be sustained “even where substantial evidence may support the plaintiff's
position and despite that the court's independent analysis of the evidence may differ from
the [Commissioner’s].” Rosado v. Sullivan, 805 F. Supp. 147, 153 (S.D.N.Y. 1992). In other
words, this Court must afford the Commissioner's determination considerable deference,
and may not substitute “its own judgment for that of the [Commissioner], even if it might
justifiably have reached a different result upon a de novo review.” Valente v. Sec’y of
Health & Human Servs., 733 F.2d 1037, 1041 (2d Cir. 1984). This Court must, however,
“independently determine if the Commissioner's decision applied the correct legal
2
standards in determining that the plaintiff was not disabled.” Valder v. Barnhart, 410 F.
Supp. 2d 134, 138 (W.D.N.Y. 2006). “Failure to apply the correct legal standards is
grounds for reversal.” Townley v. Heckler, 748 F.2d 109, 112 (2d Cir. 1984)
6.
The Commissioner has established a five-step sequential evaluation process
to determine whether an individual is disabled as defined under the Social Security Act.
See 20 C.F.R. §§ 404.1520, 416.920. The United States Supreme Court recognized the
validity of this analysis in Bowen v. Yuckert, 482 U.S. 137, 140-142, 107 S. Ct. 2287, 2291,
96 L. Ed. 2d 119 (1987), and it remains the proper approach for analyzing whether a
claimant is disabled.
7.
This five-step process is detailed below:
First, the [Commissioner] considers whether the claimant is currently
engaged in substantial gainful activity. If he is not, the [Commissioner] next
considers whether the claimant has a "severe impairment" which significantly
limits his physical or mental ability to do basic work activities. If the claimant
suffers such an impairment, the third inquiry is whether, based solely on
medical evidence, the claimant has an impairment which is listed in Appendix
1 of the regulations. If the claimant has such an impairment, the
[Commissioner] will consider him disabled without considering vocational
factors such as age, education, and work experience; the [Commissioner]
presumes that a claimant who is afflicted with a "listed" impairment is unable
to perform substantial gainful activity. Assuming the claimant does not have
a listed impairment, the fourth inquiry is whether, despite the claimant's
severe impairment, he has the residual functional capacity to perform his
past work. Finally, if the claimant is unable to perform his past work, the
[Commissioner] then determines whether there is other work which the
claimant could perform.
Berry v. Schweiker, 675 F.2d 464, 467 (2d Cir. 1982) (per curiam); see also Rosa v.
Callahan, 168 F.3d 72, 77 (2d Cir. 1999); 20 C.F.R. § 404.1520. The claimant has the
burden of proof as to the first four steps, but the Commissioner has the burden of proof on
the fifth and final step. See Bowen, 482 U.S. at 146 n. 5; Ferraris v. Heckler, 728 F.2d
582, 584 (2d Cir. 1984).
3
8.
In this case, the Commissioner made the following findings: (1) Hilson has
not engaged in substantial gainful activity since his onset date (R. 13.);3 (2) Hilson’s back
pain is a severe impairment (id.); (3) Hilson does not have an impairment or combination
of impairments that meets or medically equals the criteria necessary for finding a disabling
impairment under the regulations (id.); (4) he retains the residual functional capacity
(“RFC”) for the full range of sedentary work (id.), but he cannot perform any of his past
relevant work (id.); and last (5) Hilson could perform work that exists in significant numbers
in the national economy. (R. 17).
9.
Hilson argues that the ALJ erred by failing to (1) consider his impairments in
combination, (2) classify his mental impairments as meeting the requirements of the listing
at 20 C.F.R. Part 404, Subpart P, Appendix 1, Section 112.05(D), and (3) consider his
obesity.
10.
Hilson’s argument with respect to the first objection appears to be that
because the ALJ did not find other impairments – including alleged neck, ankle, and knee
conditions, as well as his intellectual functioning – to be severe, he must not have
considered them at all. But, first, this proposition is simply not true. The ALJ dutifully
recounted the medical evidence, and was clearly aware of these other alleged
impairments which were addressed at the hearing. The ALJ further notes that he
“considered all symptoms and the extent to which these symptoms can reasonably be
accepted as consistent with the objective medical evidence.” (R. 13.) Further, his decision
to not classify those impairments as “severe” does not constitute reversible error. As the
Commissioner notes, Hilson himself said that his knee and ankle were “healed” and that
3
Citations to the underlying administrative record are designated “R.”
4
he walked two miles per day. (R. 311.) Nor is there any evidence to suggest that his mental
impairment is severe or that it would significantly affect his ability to perform sedentary
work. Although he scored below average on an IQ score in October of 2009, the evidence
here demonstrates that he could understand and follow directions in a work setting, relate
adequately to a supervisor, and make work-related decisions. (R. 376.)
This contention bleeds into Hilson’s next objection – that his mental impairment
satisfied the requirements of Section 112.05(D), which, if true, would automatically entitle
him to benefits.
11.
This argument fails for several reasons. First, Listing 112.05(D) is applicable
only to children. Second, even considering Hilson’s objection under the correct Listing –
that for adults – at Section 12.05, this Court finds that the ALJ did not err. The Listing at
Section 12.05 includes four definitions for mental retardation. Before qualifying under any
of these definitions, a claimant must first show “significantly subaverage general intellectual
functioning with deficits in adaptive functioning initially manifested during the
developmental period” prior to age 22. 20 C.F.R. § 404, Subpart P, App. 1. Only once the
claimant has made this showing, may he then attempt to satisfy one of the four sets of
criterion listed in paragraphs A through D, demonstrating a sufficiently severe impairment.
Because Hilson argues that his IQ score of 65, coupled with back pain, renders him
disabled, it appears that Hilson believes that the ALJ should have found him impaired
under paragraph C.
12.
To be found disabled under paragraph C, the claimant must have a full-scale
IQ score between 60 and 70, and a physical or other mental impairment imposing an
additional and significant work-related limitation of function. 20 C.F.R. Pt. 404, Subpt. P,
5
App. 1, Section 12.05(D).
13.
Hilson was assigned a full-scale IQ score of 65 in October of 2009. Although
Hilson does not cite evidence or even argue that he had subaverage general intellectual
functioning before the age of 22, IQ tests can create a rebuttable presumption of a fairly
constant IQ throughout a person's life. Santiago v. Astrue, No. 07–CV–6239, 2008 WL
2405728, *4 (W.D.N.Y. June 11, 2008) (citing Hodges v. Barnhart, 276 F.3d 1265 (11th
Cir.2001)) (finding that the plaintiff met the criteria for mental retardation despite not being
IQ tested until after age 22). As this Court has previously found, “absent evidence of a
change in [Plaintiff’s] intellectual functioning, it is appropriate to assume that the results of
an IQ test administered after age 22 accurately reflect[] [the plaintff’s] IQ prior to age 22.”
Mendez v. Astrue, No. 11-CV-276S, 2012 WL 3095587, at *3 (W.D.N.Y. July 30, 2012).
But while this demonstrates subaverage intellectual functioning, it does not demonstrate
that Hilson lacked “deficits in adaptive functioning.” Indeed, as the Second Circuit has aptly
observed, “[T]here is no necessary connection between an applicant's IQ scores and [his]
relative adaptive functioning.” Talavera v. Astrue, 697 F.3d 145, 153 (2d Cir. 2012)
14.
“Adaptive functioning” refers to a claimant's “ability to cope with the
challenges of ordinary everyday life.” Id. (internal quotation marks and alteration omitted).
Id. Therefore, if the claimant can “satisfactorily navigate activities such as living on [his]
own, taking care of children without help sufficiently well that they have not been adjudged
neglected, paying bills, and avoiding eviction, [he] does not suffer from deficits in adaptive
functioning.” Id. (internal quotation marks and alterations omitted). In short, “the regulations
recognize that persons with an IQ in the 60s (or even lower) may still be able to hold a
full-time job, and are therefore not disabled, if their adaptive functioning is sufficiently
intact.” Id. (internal quotation marks omitted).
6
In this respect there is no evidence suggesting that Hilson suffers from such deficits.
To the contrary, the record sufficiently establishes that “the claimant can satisfactorily
navigate” not only his own life, but those of his children as well. See id. As the ALJ noted,
Hilson is able drive, and he enjoys going to car shows and drag races. Perhaps more
importantly, Hilson testified that he took care of his own personal hygiene, cared for his five
children, cooked, did housework, shopped, attended church, and generally maintained his
single family home for him and his five children. In fact, Hilson does not even argue that
he suffered from deficits in adaptive functioning, and he points to no evidence suggesting
as much. Accordingly, the ALJ did not err by failing to find that his mental impairments did
not qualify him for benefits under the mental-retardation listing.
15.
Last, Hilson contends that the ALJ failed to consider his obesity. But, as an
initial matter, Hilson points to no evidence suggesting that his obesity should be considered
an impairment. And this Court must be “[m]indful that a lack of evidence of severe
impairment constitutes substantial evidence supporting a denial of benefits.” Martin v.
Astrue, 337 F. App'x 87, 89 (2d Cir. 2009) (rejecting contention that obesity should have
been considered a severe impairment because plaintiff’s obesity was mentioned “only four
times” and there was “no evidence of a severe impairment limiting work ability”). Nor did
Hilson allege in his application that obesity kept him from work. (See R. 120.)
In any event,“[w]hen an ALJ's decision adopts the physical limitations suggested by
reviewing doctors after examining the Plaintiff, the claimant's obesity is understood to have
been factored into their decisions.” Yablonski v. Comm'r of Soc. Sec., No. 6:03–CV–414,
2008 WL 2157129, at *6 (N.D.N.Y. Jan. 31, 2008) (Treece, M.J.); see also Cruz v.
Barnhart, No. 04 CIV 9011 (GWG), 2006 WL 1228581, at *9 (S.D.N.Y. May 8, 2006)
(“[T]here is no obligation on an ALJ to single out a claimant's obesity for discussion in all
7
cases”); Guadalupe v. Barnhart, No. 04 CV 7644 HB, 2005 WL 2033380, at *6 (S.D.N.Y.
Aug. 24, 2005). Here, the ALJ did not explicitly consider the effects of obesity, but he
largely adopted the limitations found by the reviewing doctors. And there can be no dispute
that the ALJ was aware of his weight, which was discussed at the hearing. Indeed, the
ALJ’s ultimate conclusion aligns with the limitations described by Dr. Kathleen Kelley, and
he assigns Hilson an RFC that is limited to sedentary work. Remand is therefore not
warranted. See, e.g., Skarbek v. Barnhart, 390 F.3d 500, 504 (7th Cir. 2004) (remand not
warranted because the plaintiff “does not specify how his obesity further impaired his ability
to work,” and because “the ALJ adopted the limitations suggested by the specialists and
reviewing doctors, who were aware of [the plaintiff’s] obesity”).
16.
This Court is satisfied that the ALJ committed no reversible error, and that
his decision is based on substantial evidence; it will therefore grant Defendant's Motion for
Judgment on the Pleadings, and deny Plaintiff's motion for the same relief.
****
IT HEREBY IS ORDERED, that Defendant’s Motion for Judgment on the Pleadings
(Docket No. 11) is GRANTED.
FURTHER, that Plaintiff’s Motion for Judgment on the Pleadings (Docket No. 9) is
DENIED.
FURTHER, that the Clerk of Court shall close this case.
SO ORDERED.
Dated: March 23, 2014
Buffalo, New York
/s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?