Opinions and documents
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------
JOSE R.M.,
Plaintiff, DECISION AND ORDER
1:25-cv-01840-GRJ
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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GARY R. JONES, United States Magistrate Judge:
In August of 2021, Plaintiff Jose R.M.1 applied for Disability Insurance
Benefits under the Social Security Act. The Commissioner of Social
Security denied the application. Plaintiff, represented by Ny Disability, LLC,
Daniel Berger, 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. 8).
This case was referred to the undersigned on December 10, 2025.
Presently pending is Plaintiff’s Motion for Judgment on the Pleadings
pursuant to Rule 12 (c) of the Federal Rules of Civil Procedure. (Docket
1 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.
No. 12). For the following reasons, Plaintiff’s motion is due to be granted,
the Commissioner’s decision is reversed, and this matter is remanded for
calculation of benefits.
I. BACKGROUND
A. Administrative Proceedings
Plaintiff applied for benefits on August 6, 2021, alleging disability
beginning January 1, 2015. (T at 90-91, 103, 300-12).2 Plaintiff’s
application was denied initially and on reconsideration. He requested a
hearing before an Administrative Law Judge (“ALJ”).
A hearing was held on August 31, 2022, before ALJ Ifeoma
Iwuamadi. (T at 43-60). Plaintiff appeared with an attorney and testified
with the assistance of an interpreter. (T at 49-56). During the hearing,
Plaintiff’s alleged onset date was amended to January 1, 2018. (T at 48-
49). The ALJ also received testimony from Robert Baker, a vocational
expert. (T at 56-59).
B. ALJ’s Decision
On October 18, 2022, the ALJ issued a decision denying the
application for benefits. (T at 14-42). The ALJ found that Plaintiff had not
engaged in substantial gainful activity since January 1, 2018 (the amended
2 Citations to “T” refer to the administrative record transcript at Docket No. 9.
alleged onset date) and met the insured status requirements of the Social
Security Act through September 30, 2020 (the date last insured). (T at 22).
The ALJ concluded that, as of the date last insured, Plaintiff’s
hypertension, generalized anxiety disorder, panic disorder with
agoraphobia, major depressive disorder with psychotic features,
tachycardia, borderline glaucoma, obstructive sleep apnea, and lumbar
spine degeneration were severe impairments as defined under the Act. (T
at 22-23).
However, the ALJ found that, as of the date last insured, 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 23).
At step four of the sequential analysis the ALJ determined that, as of
the date last insured, Plaintiff retained the residual functional capacity
(“RFC”) to perform light work, as defined in 20 CFR 404.1567 (b), with the
following limitations: he can perform no more than occasional climbing of
ramps and stairs; cannot climb ladders, ropes, or scaffolds; cannot kneel,
crouch, or crawl; and can engage in no more than occasional performance
of depth perception. (T at 26).
In addition, the ALJ found Plaintiff capable of making simple work-
related decisions in a routine work setting with only occasional changes
and no more than occasional contact with supervisors, co-workers, and the
public. (T at 26).
The ALJ concluded that, as of the date last insured, Plaintiff could not
perform his past relevant work as a porter. (T at 35). However, considering
Plaintiff’s age (54 on the date last insured), education (at least high school),
work experience, and RFC, the ALJ determined that there were jobs that
existed in significant numbers in the national economy that Plaintiff could
perform as of the date last insured. (T at 35).
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 January 1, 2018 (the amended alleged onset date)
and September 30, 2020 (the date last insured). (T at 36).
On October 6, 2023, the Appeals Council denied Plaintiff’s request for
review, making the ALJ’s decision the Commissioner’s final decision. (T at
1-8).
C. Procedural History
Plaintiff commenced this action, by and through his counsel, by filing
a Complaint on March 5, 2025. (Docket No. 1). On August 8, 2025, Plaintiff
filed a motion for judgment on the pleadings, supported by a memorandum
of law. (Docket Nos. 12, 13). The Commissioner interposed a brief in
opposition to the motion and in support of request for judgment on the
pleadings on November 18, 2025. (Docket No. 16). On November 25,
2021, Plaintiff submitted a reply memorandum of law in further support of
his motion. (Docket No. 17).
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)).
“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.
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).
III. DISCUSSION
Plaintiff raises two main arguments in support of his request for
reversal of the ALJ’s decision. First, Plaintiff argues that the ALJ’s
assessment of the medical opinion evidence was flawed, which
undermines the RFC determination regarding his mental functioning.
Second, he challenges the ALJ’s consideration of his subjective
complaints. The Court will address each argument 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’s application for benefits
was filed 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
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).
In the present case, several medical providers offered assessments
regarding Plaintiff’s mental functioning.
In August of 2021, Yuly Thomas, LMHC and Dr. Miguel Hernandez
completed a medical source statement. They represented that Plaintiff had
been treated monthly for medication management and psychotherapy. (T at
424). Ms. Thomas and Dr. Hernandez diagnosed major depressive
disorder, sleep apnea, and panic disorder. (T at 424). They opined that
Plaintiff would be absent from work more than 3 times per month due to his
treatment or impairments. (T at 425).
Ms. Thomas and Dr. Hernandez opined that Plaintiff had marked or
extreme limitation in his ability to understand, remember, or carry out
instructions; moderate to marked impairment with respect to social
interaction; frequent deficiencies of concentration, persistence, or pace;
and continual episodes of deterioration or decompensation in work or work-
like settings. (T at 426-27).
In November of 2021, Dr. Abrah Sprung performed a consultative
psychiatric evaluation. Dr. Sprung diagnosed panic disorder and major
depressive disorder (recurrent, severe with psychotic features). (T at 533).
Dr. Sprung assessed moderate limitation in Plaintiff’s ability to understand,
remember, and apply simple directions and instructions; use reason and
judgment to make work-related decisions; and have awareness of normal
hazards and take appropriate precautions. (T at 533).
Dr. Sprung opined that Plaintiff had moderate to marked impairment
with respect to: understanding, remembering, or applying complex
directions or instructions; interacting with others; sustaining an ordinary
routine and regular attendance at work; and regulating emotions,
controlling behavior, and maintaining well-being. (T at 533).
Alexandra Nunez, MHC-LP, completed a medical source statement in
February of 2024. She reported treating Plaintiff twice a month for
psychotherapy and diagnosed memory impairment, major depressive
disorder, obstructive sleep apnea, panic disorder (episodic), and panic
disorder (agoraphobia). (T at 1165).
Ms. Nunez opined that Plaintiff would be absent from work more than
3 times per month due to his treatment or impairments. (T at 1166). Ms.
Nunez assessed moderate restriction in Plaintiff’s activities of daily living;
marked limitation in maintaining social functioning; and frequent
deficiencies of concentration, persistence, or pace. (T at 1167-69). She
opined that Plaintiff had extreme impairment in dealing with work stress
and in completing a normal workday or workweek without interruption from
psychologically based symptoms. (T at 1167).
Dr. Michael Correa, Plaintiff’s primary care provider, completed a
medical source statement in February of 2024. Although mainly offering an
assessment of Plaintiff’s physical functioning, Dr. Correa also stated that
Plaintiff had severe limitation in his ability to deal with work stress and
would be absent from work frequently because of his impairments or
treatment. (T at 1160, 1164).
As noted above, the ALJ concluded that Plaintiff retained the RFC to
meet the mental demands of a range of work (i.e., work involving simple
decisions, with only occasional changes in the work setting and occasional
social interaction). (T at 26). In reaching this conclusion, the ALJ did not
find any of the medical opinions fully persuasive. (T at 31-35).
For the following reason, the Court finds that the ALJ’s assessment of
the medical opinion evidence cannot be sustained.
First, the ALJ considered the fact that Ms. Thomas, Ms. Nunez, Dr.
Hernandez, and Dr. Correa were treating providers, with the opportunity to
interact with and observe Plaintiff over an extended period.
The Second Circuit has long recognized the particular importance of
treating source opinions when reviewing claims involving mental
impairments. See Flynn v. Comm'r of SSA, 729 F. App'x 119, 122 (2d Cir.
2018)(“The treatment provider’s perspective would seem all the more
important in cases involving mental health, which are not susceptible to
clear records such as [x-rays] or MRIs. Rather, they depend almost
exclusively on less discretely measurable factors, like what the patient says
in consultations.”).
Although the treating physician rule is no longer in effect, this
important principle persists, as the opportunity to observe and treat the
claimant constitutes important “support” for a medical opinion under the
new standard. See, e.g., Raymond M. v. Comm'r of Soc. Sec., No. 5:19-
CV-1313 (ATB), 2021 WL 706645, at *8-9 (N.D.N.Y. Feb. 22, 2021).
“As the amended regulations note, ‘[a] medical source may have a
better understanding of your impairment(s) if he or she examines you than
if the medical source only reviews evidence in your folder.’” Id. (quoting 20
C.F.R. §§ 404.1520c(c)(3)(v), 416.920c(c)(3)(v)); see also Acosta Cuevas
v. Comm'r of Soc. Sec., No. 20-CV-0502 (AJN) (KHP), 2021 WL 363682, at
*9 (S.D.N.Y. Jan. 29, 2021), report and recommendation adopted sub nom.
Cuevas v. Comm'r of Soc. Sec., No. 20CV0502KMWKHP, 2022 WL
717612 (S.D.N.Y. Mar. 10, 2022), at *25-26 (S.D.N.Y. Jan. 29, 2021)(“A
survey of … cases … show[s] that while the treating physician’s rule was
modified, the essence of the rule remains the same, and the factors to be
considered in weighing the various medical opinions in a given claimant’s
medical history are substantially similar.”)(collecting cases).
“Even though ALJs are no longer directed to afford controlling weight
to treating source opinions—no matter how well supported and consistent
with the record they may be—the regulations still recognize the
‘foundational nature’ of the observations of treating sources, and
‘consistency with those observations is a factor in determining the value of
any [treating source’s] opinion.’” Shawn H. v. Comm'r of Soc. Sec., No.
2:19-CV-113, 2020 WL 3969879, at *6 (D. Vt. July 14, 2020)(quoting
Barrett v. Berryhill, 906 F.3d 340, 343 (5th Cir. 2018)).
Second, the ALJ erred by discounting the treating and consulting
source opinions as inconsistent with her lay reading of the record without
accounting for the significance of the consistency of the assessments with
each other. See Shawn H. 2020 WL 3969879, at *7 (“Moreover, the ALJ
should have considered that the opinions of Stephens and Dr. Lussier are
consistent with each other.”); Malia Ann B. v. Comm'r of Soc. Sec., No.
5:21-CV-1362-AMN-CFH, 2023 WL 2838054, at *7 (N.D.N.Y. Feb. 23,
2023), report and recommendation adopted, No. 5:21-CV-1362-AMN-CFH,
2023 WL 2623865 (N.D.N.Y. Mar. 24, 2023)(collecting cases holding that
“the ALJ is obligated to discuss the consistency of a medical opinion with
the other evidence in the record, which necessarily includes other medical
opinions”).
Third, the ALJ overrated the relevance of Plaintiff’s ability to maintain
appropriate attendance and affect during relatively brief, relatively
infrequent (weekly or monthly) encounters with supportive mental health
professionals.
The Commissioner’s regulations recognize that a claimant’s “ability to
complete tasks in settings that are highly structured, or that are less
demanding or more supportive than typical work settings does not
necessarily demonstrate [her] ability to complete tasks in the context of
regular employment during a normal workday or work week.” 20 C.F.R.
Subpt. P, App. 1 § 12.00 (C) (6) (b); see also Primo v. Berryhill, 17 Civ.
6875, 2019 U.S. Dist. LEXIS 27074, at *31 (S.D.N.Y. Feb. 19, 2019)(noting
that ALJs must recognize that “the effects of a mental health issue may be
different in a work setting than in a non-work setting”); Flynn v. Comm’r of
Soc. Sec. Admin., 729 Fed. Appx. 119, 121 (2d Cir. 2018)(decision to
discount opinion based on treatment notes indicating claimant was “well-
groomed and with calm affect” was “an assessment ... beyond the scope of
the ALJ’s authority”).
The primary determination in this case is the extent to which Plaintiff’s
symptoms would be expected to be exacerbated if he was exposed to the
demands of competitive, remunerative work on a consistent basis. The
emphatic judgment of the treating and examining providers was that
Plaintiff would decompensate and be unable to perform key duties,
including coping with stress, regulating emotions, and sustaining a
schedule. (T at 425-27, 533, 1164, 1166, 1168).
The ALJ’s decision to discount the unified judgment of the treating
and examining medical professionals based on her lay reading of the
record does not reflect a proper application of the medical opinion
standard. See Stacey v. Comm'r of SSA, 799 F. Appx. 7, 11 (2d Cir.
2020)(“It would be improper to rely on these mental status evaluations to
conclude that Stacey is capable of prolonged concentration while
simultaneously ignoring the contrary conclusion of the very physicians who
made the evaluations.”).
Moreover, although Plaintiff was generally described as appropriate
and cooperative, the records document a person with significant symptoms
and limitations, including anxiety, panic attacks, paranoia, depression,
auditory hallucinations, and agoraphobia. (T at 409, 413, 681, 685, 1631-
32, 1633, 1904, 1909, 1917, 1921, 1925, 1928, 1931, 1934, 1937, 1940,
1943, 1948). See Stacey 799 F. Appx. at 10 (cautioning “ALJs against
scouring medical notes to draw their own conclusions based on isolated
descriptions”); Gough v. Saul, 799 F. Appx. 12, 14 (2d Cir. 2020)(“We fear
that the ALJ cherry-picked evidence from the record to support his
conclusion that Gough could work full time even though the record as a
whole suggested greater dysfunction.”).
Fourth, the ALJ placed undue emphasis on the lack of episodes of
decompensation and psychiatric hospitalization, particularly since Plaintiff
lives a structured life, engages in limited activities, and relies on significant
support from his wife and daughter. (T at 49-55).
It is well-settled that a claimant “need not be an invalid to be found
disabled” and should not be punished for exerting the effort to attend to
basic necessities of life. See Balsamo v. Chater, 142 F.3d 75, 81-82 (2d
Cir. 1998).
Moreover, as discussed above, the treatment record documents
significant symptoms persisting over time. Plaintiff’s ability to attend to
basic activities in a structured, solitary environment does not translate into
the ability to perform competitive work on a consistent basis. See Estrella v.
Berryhill, 925 F.3d 90, 97 (2d Cir. 2019); Samaru v. Comm'r of Soc. Sec.,
No. 18CV06321KAMLB, 2020 WL 3051576, at *10 (E.D.N.Y. June 8,
2020)(“The critical differences between activities of daily living and
activities in a full time job are that a person has more flexibility in
scheduling the former than the latter, can get help from other persons …,
and is not held to a minimum standard of performance, as she would be by
an employer.”)(quoting Bjornson v. Astrue, 671 F.3d 640, 647 (7th Cir.
2012)).
Lastly, the Commissioner defends the ALJ’s decision by noting that
the treatment records and medical opinion evidence were largely generated
after the date last insured. Notably, however, there is no evdience that
Plaintiff’s symptoms materially changed after the date last insured and the
treating providers reported that Plaintiff’s limitations had been present since
at least June of 2018. (T at 427, 1168). See Caldwell v. Comm'r of Soc.
Sec., No. 19-CV-6534 (OTW), 2020 WL 6162133, at *5 (S.D.N.Y. Oct. 21,
2020), aff'd, No. 20-4077-CV, 2022 WL 728661 (2d Cir. Mar. 11,
2022)(“Diagnosis of a claimant’s condition for social security disability
benefits may properly be made even several years after the actual onset of
the impairment and such diagnosis must be evaluated in terms of whether,
considered in light of entire record, it establishes … impairment.”).
In sum, the ALJ’s conclusion that Plaintiff could meet the mental
demands of a range of competitive, remunerative work on a sustained
basis is contrary to the unified judgment of the treating and examining
medical professionals and cannot be sustained for the reasons discussed
above.
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
subjective complaints.
First, “the ALJ must decide whether the claimant suffers from a
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 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 subjective complaints, 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).
Here, Plaintiff testified as follows: He lives with his wife and daughter.
(T at 49). He cannot work due to back pain, panic attacks, depression, and
anxiety. (T at 51). He does not drive or use public transportation due to
panic attacks. (T at 51-52, 54). He takes medication for anxiety and
depression and sees a therapist twice a month. (T at 53-54). Panic attacks
occur approximately three times per month and he rarely leaves the house.
(T at 53-54). His wife and daughter attend to the household chores. (T at
54-55). He only socializes with his family and has difficulty concentrating.
(T at 56).
The ALJ found that Plaintiff’s medically determinable impairments
could reasonably be expected to cause the alleged symptoms, but
concluded that Plaintiff’s statements as to the intensity, persistence, and
limiting effects of those symptoms were not entirely consistent with the
record. (T at 28).
Plaintiff’s subjective complaints, particularly regarding his panic
attacks, difficulty leaving home, and social impairment, are consistent with,
and supported by, all the treating and examining medical opinions. The
ALJ’s decision to discount those complaints is fatally undermined by the
errors in her assessment of the medical opinion evidence, as outlined
above.
C. Remand
A court reviewing the denial of benefits may, in its discretion, remand
a claim for further proceedings, or solely for the calculation of benefits. 42
U.S.C. § 405(g) (sentence four) (a reviewing court may enter, upon the
pleadings and the administrative record, “a judgment affirming, modifying,
or reversing the decision of the Commissioner ... with or without remanding
the cause for a rehearing”).
Where the record is complete and contains persuasive proof of
disability, “no purpose would be served” by additional administrative
proceedings and remand for calculation of benefits is warranted. Curry v.
Apfel, 209 F.3d 117, 124 (2d Cir.2000).
Here, the record is complete and contains persuasive proof of
disabling mental limitations, as evidenced by multiple medical opinions
from providers with the opportunity to observe, examine, and treat Plaintiff.
The Commissioner does not articulate any purpose that would be
served by further administrative proceedings and this Court finds none. A
remand for calculation of benefits is, therefore, the appropriate remedy.
IV. CONCLUSION
For the foregoing reasons, Plaintiff’s Motion for Judgment on the
Pleadings (Docket No. 12) is GRANTED, the Commissioner’s denial of
benefits is REVERSED, and this matter is REMANDED for calculation of
benefits. The Clerk is directed to enter judgment in favor of the Plaintiff and
then close the file.
s/ Gary R. Jones
Dated: March 2, 2026
GARY R. JONES
United States Magistrate Judge
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