outlining factors relevant under treating physician rule
How later courts described this case
- outlining factors relevant under treating physician rule
- “[I]t 1s not the function of the reviewing court to reweigh the evidence.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
SHYLA D.,
Plaintiff,
V. 3:20-CV-1295
(DJS)
KILOLO KIJAKAZI, Acting Commissioner of
Social Security,
Defendant.
APPEARANCES: OF COUNSEL:
LAW OFFICES OF KENNETH HILLER JUSTIN M. GOLDSTEIN, ESQ.
Attorney for Plaintiff KENNETH HILLER, ESQ.
“| 6000 North Bailey Avenue, Suite 1A
Amherst, New York 14226
U.S. SOCIAL SECURITY ADMIN. CHRISTOPHER POTTER, ESQ.
OFFICE OF REG’L GEN. COUNSEL
Attorney for Defendant
J.F.K. Federal Building - Room 625
15 New Sudbury Street
Boston, Massachusetts 02203
DANIEL J. STEWART
“| United States Magistrate Judge
MEMORANDUM-DECISION AND ORDER!
Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking review of a
decision by the Commissioner of Social Security that Plaintiff was not disabled. Dkt.
' Upon Plaintiff's consent, the United States’ general consent, and in accordance with this District’s General Order
18, this matter has been referred to the undersigned to exercise full jurisdiction pursuant to 28 U.S.C. § 636(c) and
Federal Rule of Civil Procedure 73. See Dkt. No. 5 & General Order 18.
No. 1. Currently before the Court are Plaintiff's Motion for Judgment on the Pleadings
and Defendant’s Motion for Judgment on the Pleadings. Dkt. Nos. 16 & 22. For the
reasons set forth below, the Commissioner’s determination is affirmed. Accordingly,
Plaintiff's Motion for Judgment on the Pleadings is denied and Defendant’s Motion is
4) granted.
I. RELEVANT BACKGROUND
A. Procedural History
Plaintiff applied for disability and disability insurance benefits, as well as
supplemental security income in January 2018. Dkt. No. 12, Admin. Tr. (“Tr.”), pp.
161-74. Plaintiff alleges disability based upon anxiety, depression, obsessive
compulsive disorder, and post-traumatic stress disorder. Tr. at p. 195. She alleged a
disability onset date of January 19, 2018. Tr. at p. 191. Plaintiff's applications were
initially denied in June 2018, after which she timely requested a hearing before an
Administrative Law Judge (“ALJ”). Tr. at pp. 76-85. Plaintiff appeared at a hearing
before ALJ Stanley K. Chin on December 6, 2019 at which Plaintiff and a vocational
expert (“VE”) testified. Tr. at pp. 33-51. On January 14, 2020, the ALJ issued a written
decision finding Plaintiff was not disabled under the Social Security Act. Tr. at pp. 12-
26. On September 10, 2020, the Appeals Council denied Plaintiff's request for review,
making the ALJ’s decision the final decision of the Commissioner. Tr. at pp. 1-5.
]
B. The ALJ’s Decision
In his decision, the ALJ made the following findings of fact and conclusions of
law. First, the ALJ found that Plaintiff met the insured status requirements of the Social
Security Act through June 30, 2023. Tr. at p. 15. Second, the ALJ found that Plaintiff
not engaged in substantial gainful activity since her alleged onset date. /d. Third,
the ALJ found that Plaintiff had the following severe impairments: cervical spine
disorder, left shoulder disorder, major depressive disorder, post-traumatic stress
disorder, and anxiety disorder. /d. Fourth, the ALJ found that Plaintiff does not have
an impairment or combination of impairments that meets or medically equals one of the
listed impairments in 20 C.F.R. § 404, Subpart P, App. 1 (the “Listings”’). Tr. at pp. 15-
The ALJ then found that Plaintiff has the residual functional capacity (“RFC”) to
perform light work except that
The claimant is limited to frequent reaching and overhead reaching with the
left upper extremity. The claimant is limited to simple and repetitive tasks
in a routine work setting, performed in a work environment free of fast-paced
production requirements, involving only simple work-related decisions and
infrequent and gradual workplace changes, and occasional interaction with
the public, coworkers, and supervisors.
”| Tr. at p. 18. Next, the ALJ found that Plaintiff could not perform her past relevant work.
Tr. at p. 24. Finally, the ALJ went on to find that there was also other work existing in
significant numbers in the national economy that Plaintiff could perform. Tr. at p. 25.
The ALJ, therefore, concluded that Plaintiff is not disabled. Jd.
Il. RELEVANT LEGAL STANDARDS
A. Standard of Review
A court reviewing a denial of disability benefits may not determine de novo
whether an individual is disabled. 42 U.S.C. § 405(g); 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 the correct legal standards were not applied, or it
was not supported by substantial evidence. See Johnson vy. Bowen, 817 F.2d 983, 986
(2d Cir. 1987) (“Where there is a reasonable basis for doubt whether the ALJ applied
correct legal principles, application of the substantial evidence standard to uphold a
finding of no disability creates an unacceptable risk that a claimant will be deprived of
“| the right to have her disability determination made according to the correct legal
principles.”); accord 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 evidence that
amounts to “more than a mere scintilla,” and 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 (1971). Where evidence is deemed susceptible to more than
one rational interpretation, the Commissioner’s conclusion must be upheld. Rutherford
v. Schweiker, 685 F.2d 60, 62 (2d Cir. 1982).
“To determine on appeal whether the ALJ’s findings are supported by substantial
evidence, a reviewing court considers the whole record, examining evidence from both
sides, because an analysis of the substantiality of the evidence must also include that
which detracts from its weight.” 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).
B. Standard to Determine Disability
The Commissioner has established a five-step evaluation process to determine
whether an individual is disabled as defined by the Social Security Act. 20 C.F.R. §§
404.1520, 416.920. The Supreme Court has recognized the validity of this sequential
evaluation process. Bowen vy. Yuckert, 482 U.S. 137, 140-42 (1987). The five-step
process is as follows:
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.
Under the cases previously discussed, the claimant bears the burden of the
proof as to the first four steps, while the [Commissioner] must prove the
final one.
Berry v. Schweiker, 675 F.2d 464, 467 (2d Cir. 1982); accord McIntyre v. Colvin, 758
F.3d 146, 150 (2d Cir. 2014). “If at any step a finding of disability or non-disability can
be made, the SSA will not review the claim further.” Barnhart v. Thompson, 540 U.S.
20, 24 (2003).
I. ANALYSIS
Plaintiff alleges that the ALJ’s RFC determination was not supported by
substantial evidence. Dkt. No. 16, Pl.’s Mem. of Law at pp. 11-25. Defendant, in turn,
submits that the proper legal standards were applied and that the decision should be
affirmed as supported by substantial evidence. Dkt. No. 22, Def.’s Mem. of Law at pp.
3-18.
A claimant’s RFC is the most she can still do despite her limitations. Penny Ann
v. Berryhill, 2018 WL 6674291, at *4 (N.D.N.Y. Dec. 19, 2018). 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. at 153. The Court will not reweigh the evidence that was before
the ALJ. Warren v. Comm’r of Soc. Sec., 2016 WL 7223338, at *9 (N.D.N.Y. Nov. 18,
2016), report and recommendation adopted, 2016 WL 7238947 (N.D.N.Y. Dec. 13,
2016) (“When applying the substantial evidence test to a finding that a plaintiff was not
disabled, the Court ‘will not reweigh the evidence presented at the administrative
hearing, . . . nor will it determine whether [the applicant] actually was disabled. [Rather],
[a]bsent an error of law by the Secretary, [a] court must affirm her decision if there is
substantial evidence [in the record] to support it.’”) (quoting Lefford v. McCall, 916 F.
Supp. 150, 155 (N.D.N.Y. 1996)); Vincent v. Shalala, 830 F. Supp. 126, 133 (N.D.N.Y.
1993) (“[I]t 1s not the function of the reviewing court to reweigh the evidence.”) (citing
Carroll v. Sec’y of Health and Human Servs., 705 F.2d 638, 642 (2d Cir. 1983)).
“(I]t was within the ALJ’s purview to review the opinions of record and weigh
them accordingly along with Plaintiff's testimony, reports, and treatment history to
determine her RFC.” WNesiba O. v. Comm’r of Soc. Sec., 2019 WL 464882, at *7
(N.D.N.Y. Feb. 6, 2019); see also Jennifer Lee W. v. Berryhill, 2019 WL 1243759, at
*6 (N.D.N.Y. Mar. 18, 2019) (itis the ALJ’s role “to choose between properly submitted
medical opinions.”). Additionally, “[i]t is the province of the ALJ to resolve genuine
conflicts in the record.” Clemons v. Comm’r of Soc. Sec., 2017 WL 766901, at *4
(N.D.N.Y. Feb. 27, 2017) (citing Veino v. Barnhart, 312 F.3d 578, 588 (2d Cir. 2002)).
As a result, when the ALJ’s conclusions find reasonable support in the record, courts
“will defer to the ALJ’s resolution” regarding the appropriate weight to be afforded to
various medical opinions. Teresa L. v. Comm of Soc. Sec., 2020 WL 6875254, at *7
(W.D.N.Y. Nov. 23, 2020).
A. Plaintiff’s Physical RFC
Physically, the ALJ found that Plaintiff could perform light work, though with
certain limitations on her ability to reach. Tr. at p. 18. Broadly summarized, Plaintiff
objects that the ALJ improperly rejected the opinion of a treating provider and then
reached conclusions about her physical abilities without benefit of a medical opinion.
Pl.’s Mem. of Law at pp. 12-21. Having reviewed the record, the Court concludes that
there is no basis for remand.
1. Preliminary Arguments
Defendant makes two threshold arguments to support the ALJ’s decision to find
the opinion of Dr. Melissa Thibault unpersuasive. First, Defendant argues that the time
of the opinion, at a time when Plaintiff was working, renders it deficient. Def.’s Mem.
of Law at p. 4. Second, Defendant submits that the opinion was also deficient because
it was provided on a check-box form without specific explanation of its rationale. Jd. at
pp. 4-5. The ALJ, however, cited neither of these concerns as a basis for discounting
Dr. Thibault’s opinion. Tr. at p. 21. Because “[t]he ALJ did not articulate this reasoning
in h[is] decision . . . the Court will not consider post hoc rationalizations.” Elizabeth P.
v. Comm ’r of Soc. Sec., 2022 WL 507367, at *13 n. 12 (N.D.N.Y. Feb. 18, 2022); see
also Kristie B. v. Comm’r of Soc. Sec., 2019 WL 6768567, at *7 (N.D.N.Y. Dec. 12,
2019).
2. The Consideration of Plaintiff’s Treating Doctor
The parties agree this case is controlled by the new Social Security
Administration regulations governing evaluation of medical opinions. Pl.’s Mem. of
Law at p. 11-12; Def.’s Mem. of Law at p. 5. “Under the new regulations, the treating
physician rule no longer applies.” Smith v. Comm’r of Soc. Sec., 2022 WL 421136, at
*10 (S.D.N.Y. Feb. 11, 2022). “Therefore, no special deference is given to the treating
physician’s opinion.” /d. (citing, inter alia, 20 C.F.R. § 416.920c(a)). The regulations,
however, continue to require Defendant to consider many of the same factors previously
addressed under the treating physician rule including the supportability and consistency
of an opinion with other evidence, the relationship of the medical provider with the
patient, and the extent, if any, of a doctor’s specialization. Compare 20 C.F.R. §
416.920c(a) & (c) with Greek v. Colvin, 802 F.3d 370, 375 (2d Cir. 2015) (outlining
factors relevant under treating physician rule). Under the new regulations supportability
and consistency are “[t]he most important factors.” 20 C.F.R. § 416.920c(a). “Both
supportability and consistency in part require comparison of the medical opinions with
other medical sources.” Mark K. v. Comm’r of Soc. Sec., 2021 WL 4220621, at *4
(W.D.N.Y. Sept. 16, 2021) (citing 20 C.F.R. § 404.1520c(c)(1)-(2)).
The record reflects that the ALJ carefully considered the opinion of Dr. Thibault.
He identified the limitations stated in Dr. Thibault’s opinion and recognized that Dr.
Thibault had personally examined Plaintiff, but went on to conclude that the limitations
opined by Dr. Thibault were neither fully supported by the objective evidence in the
record nor consistent with it. Tr. at p. 21. In doing so, the ALJ considered the most
important factors addressed by Defendant’s new regulations for evaluating medical
opinions. In discounting Dr. Thibault’s medical opinion, the ALJ relied on what he
found to be “mostly unremarkable findings” despite some limitations. /d. A review of
“)the medical record themselves demonstrate that the ALJ’s conclusions are clearly
supported by substantial evidence. Those records include notations about what Dr.
Thibault found to be “the relatively benign nature of [Plaintiff's] symptoms” in
September 2018. Tr. at p. 540. Those notes further reflected that in December 2018,
when Plaintiff next saw Dr. Thibault, she was experiencing intermittent tingling in her
arms, as well as neck, shoulder, and back pain. Tr. at p. 545. None of that pain is
“| recorded as causing Plaintiff the type of severe pain reflected in Dr. Thibault’s 2019
medical opinion. /d. In fact, some pain was characterized as being present “every few
days for just 5-10 minutes.” /d. At that time Plaintiffs left shoulder pain was “much
better.” Tr. at p. 546. Upper arm pain was “mild and relatively infrequent.” Jd. This
record, as cited to and explained by the ALJ, amply supported his conclusion that the
medical opinion proffered by Dr. Thibault was neither supported by nor consistent with
the objective evidence in the record.”
The ALJ also noted a conservative course of treatment, Tr. at p. 21, but contrary
to Plaintiff's suggestion, the existence of a conservative course of treatment “is one
? Because Plaintiff seeks a close period of disability, Tr. at p. 46, these examinations are the most relevant to
analyzing the ALJ’s decision.
factor an ALJ may consider in determining whether a treating provider’s opinion is well-
supported and consistent with other substantial evidence in the record.” Becky Sue H.
v. Kijakazi, 2022 WL 304518, at *2 (N.D.N.Y. Feb. 2, 2022) (citing cases); see also
Jaworski v. Colvin, 2015 WL 5750041, at *7 (N.D.N.Y. Sept. 30, 2015) (conservative
“| course of treatment may be relevant to analyzing subjective complaints). Here, this was
one of just many factors the ALJ considered in his thorough review of Dr. Thibault’s
opinion and it was not a factor disputed by Plaintiff.
Nor does the failure to have expressly referenced Dr. Thibault’s specialty provide
a basis for remand because “under the new regulations, the ALJ is required to consider,
but need not explicitly discuss” the specialization factor. Jackson v. Kijakazi, 2022 WL
620046, at *13 (S.D.N.Y. Mar. 3, 2022). Plaintiffs medical records, which the ALJ
considered in detail, make clear the nature of Dr. Thibault’s practice and it is clear that
her specialty was considered in any event.
Plaintiff also argues that the RFC was not supported by substantial evidence.
This argument is based primarily, however, on the assumption that the ALJ should have
included the limitations opined by Dr. Thibault. P1l.’s Mem. of Law at pp. 19-21. Having
concluded that the ALJ did not err in finding Dr. Thibault’s opinion unpersuasive, it was
likewise not error for the ALJ not to credit the limitations identified in that opinion in
assessing Plaintiff's RFC.
Finally, Plaintiff maintains that remand is required because the ALJ’s RFC
determination is not based on any medical opinion. Pl.’s Mem. of Law at pp. 18-19.
10
“TT ]here is no legal requirement that the ALJ rely on a medical opinion in every case to
formulate the RFC. Rather, the ALJ has the responsibility of reviewing all the evidence
before him, resolving inconsistencies, and making a determination consistent with the
evidence as a whole.” April B. v. Saul, 2019 WL 4736243, at *5 (N.D.N.Y. Sept. 27,
4/2019) (citing cases). “[T]he RFC is an administrative finding reserved to the
Commissioner and not a medical finding.” Desirae D. v. Comm’r of Soc. Sec., 2021
WL 2042576, at *3 (W.D.N.Y. May 21, 2021) (citing 20 C.F.R. § 416.927(d)). Asa
result, “an ALJ is free to reach an RFC finding even without any supporting medical
source opinions.” Nersinger v. Comm’r of Soc. Sec., 2020 WL 1151459, at *4
(W.D.N.Y. Mar. 10, 2020) (citing Second Circuit decisions). Where, as here, the ALJ
“| reaches an RFC determination based on a careful review of the medical evidence and
the entire record viewed as a whole, remand is not required. Cook v. Comm’r of Soc.
Sec., 818 Fed. Appx. 108, 110 (2d Cir. 2020); Patrick S. v. Comm’r of Soc. Sec., 2021
WL 5357942, at *3 (W.D.N.Y. Nov. 17, 2021).
B. Plaintiff?s Mental RFC
The ALJ considered the opinions of three individuals assessing Plaintiff's mental
capacity. Dr. Momot-Baker, the state agency review psychologist, Dr. Amanda Slowik,
a consultative examiner, and Andrea Lajoie, Plaintiff's treating therapist. Plaintiff
makes several arguments regarding the ALJ’s consideration of these opinions, but none
is a basis for remand.
11
Plaintiff contends that the ALJ erred in finding the opinion of Dr. Momot
persuasive. Pl.’s Mem. of Law at pp. 22-23. Principally, Plaintiff objects that Dr.
Momot did not have all of Andrea Lajoie’s treatment notes available for review at the
time of the opinion. /d. Because Ms. Lajoie is a treating therapist, Plaintiff maintains
that the lack of access to a complete record undercuts Dr. Momot’s opinion. Jd. The
ALJ, however, specifically recognized that Dr. Momot’s opinion was based only on the
“evidence available in the record at the time his opinion was rendered” and weighed it
accordingly. Tr. at p. 22. He went on to carefully explain his consideration of Dr.
Momot’s opinion and provided a specific basis for his conclusions regarding that
opinion. /d. While the ALJ considered inconsistencies between Dr. Momot’s opinion
those of Ms. Lajoie as one basis for discounting the latter’s opinion, it was clearly
not the sole basis for doing so and so Dr. Momot’s lack of complete records does not
render this conclusion unsupported by the record. Tr. at p. 23. There is no question that
“an ALJ is entitled to rely on opinions from both examining and non-examining State
agency medical consultants because these consultants are qualified experts in the field
of social security disability.” Moxham v. Comm’r of Soc. Sec., 2018 WL 1175210, at
*7 (N.D.N.Y. Mar. 5, 2018) (citing cases); Conger v. Comm of Soc. Sec., 2018 WL
947662, at *4 (N.D.N.Y. Feb. 16, 2018). The ALJ did so here and provided sufficient
reasons for proceeding in that manner.
Next, Plaintiff contends that the ALJ erred in finding the opinion of Dr. Slowik
consistent with that of Dr. Momot because Dr. Slowik’s opinion was more limiting.
12
Pl.’s Mem. of Law at pp. 24-25. The fact that one medical opinion contains greater
limitations than another does not preclude a finding that the two are generally consistent.
See Allen v. Comm’r of Soc. Sec., 2014 WL 5288999, at *9 (N.D.N.Y. Oct. 15, 2014).
The ALJ also provided a detailed discussion of the basis for his evaluation of Dr.
4) Slowik’s opinion. Tr. at pp. 22-23. Plaintiff argues that finding Dr. Slowik’s opinion
persuasive is inconsistent with his failure to include greater limitations in his RFC. Pl.’s
Mem. of Law at p. 24. This argument overlooks two bedrock principles underlying
court review of ALJ determinations. First, an ALJ need not adopt every limitation stated
in any particular medical opinion. Jennifer Lee W. v. Berryhill, 2019 WL 1243759, at
Second, Plaintiff's position is essentially that Dr. Slowik’s opinion was actually
more aligned with that of Ms. Lajoie than that of Dr. Momot, but this is a quintessential
example of a request that the Court reweigh the evidence which the Court declines to
do. Joanne R. v. Kijakazi, 2021 WL 5629077, at *3 (N.D.N.Y. Dec. 1, 2021) (citing
cases); Alfred M. v. Saul, 2020 WL 3545565, at *5 (N.D.N.Y. June 30, 2020) (citing
cases).
Finally, Plaintiff argues that the ALJ improperly relied on certain mental status
examinations in rejecting Ms. Lajoie’s opinions. Pl.’s Mem. of Law at p. 25. Plaintiff
claims that doing so resulted in the ALJ substituting his opinion for those of Ms. Lajoie.
Id. It is the ALJ’s role “to choose between properly submitted medical opinions.”
Jennifer Lee W. v. Berryhill, 2019 WL 1243759, at *6. As a result, when the ALJ’s
conclusions find reasonable support in the record, courts “will defer to the ALJ’s
13
resolution” regarding the appropriate weight to be afforded to various medical opinions.
Teresa L. v. Comm’r of Soc. Sec., 2020 WL 6875254, at *7 (W.D.N.Y. Nov. 23, 2020).
The ALJ carefully discussed the various mental health evaluations in the record,
discussing both the limitations found and facts suggesting Plaintiffs functional capacity
4) was greater than opined by some. Tr. at pp. 21-23. Plaintiffs citation to the decision in
Dany Z. v. Saul is unavailing because the court there emphasized that normal mental
status findings might be insufficient to support a finding of no disability, but did so with
the caveat “where other evidence in the record was ignored.” 531 F. Supp. 3d 871, 885
(D. Vt. 2021). Here, Plaintiff cannot show that other relevant record evidence was
ignored, only that she believes it should have been weighed differently. The ALJ
highlighted specific areas of Plaintiff's functional ability that he believed demonstrated
inconsistencies between Ms. Lajoie’s treatment notes and her opinion, Tr. at p. 23, but
Plaintiff does not take issue with any specific aspect of that finding. Instead, she cites
only to caselaw demonstrating the general proposition that some positive mental
findings do not per se exclude a finding of disability. See Pl.’s Mem. of Law at p. 25.
On the record before the Court, however, the ALJ’s conclusion cannot be read as
contrary to that general point, but to conclude in light of the entire record that despite
recognized mental and emotional difficulties Plaintiff retains the functional capacity to
work. That determination is supported by substantial evidence and must be affirmed.
14
IV. CONCLUSION
ACCORDINGLY, it is
ORDERED, that Plaintiff's Motion for Judgment on the Pleadings is DENIED;
and it is further
ORDERED, that Defendant’s Motion for Judgment on the Pleadings is
GRANTED; and it is further
ORDERED, that Defendant’s decision denying Plaintiff disability benefits is
AFFIRMED; and it is further
ORDERED, that the Clerk of the Court shall serve copies of this Memorandum-
Decision and Order on the parties.
“| Dated: March 16, 2022
Albany, New York
Daf Nart) “
U.SMMfagistrate Judge
15