Opinion

Surmanek v. O'Malley

Court
District Court, E.D. New York
Filed
Mar 25, 2025
Cited by
0 cases
Authority
More cited than 34.6%

The opinion

UNITED STATES DISTRICT COURT 3/25/202 5 4:55 pm

EASTERN DISTRICT OF NEW YORK

U.S. DISTRICT COURT

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EASTERN DISTRICT OF NEW YORK

GABRIELLE SURMANEK,

LONG ISLAND OFFICE

Plaintiff, MEMORANDUM

OF DECISION &

-against- ORDER

COMMISSIONER OF SOCIAL SECURITY, 24-CV-2653 (GRB)

Defendant.

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GARY R. BROWN, United States District Judge:

In this appeal brought pursuant to the Social Security Act, 42 U.S.C. § 405 et seq. (the

“Act”), plaintiff challenges final determinations by the Commissioner of the Social Security

Administration that She was ineligible to receive Social Security disability insurance benefits.

See DE 1. Presently before the Court are the parties’ cross motions, pursuant to Fed R. Civ. P.

12(c), for judgment on the pleadings.

In its review, the Court has applied the frequently reiterated standards for entitlement to

Social Security disability benefits, review of a denial of such benefits, consideration of motions

for judgment on the pleadings, examination of the procedures employed, the substantial evidence

rule, deference accorded to ALJ decisions, evaluation of vocational evidence and, importantly in

this case, the treating physician rule. These standards, along with numerous authorities and

citations, are discussed at length, merely by way of example, in Zacharopoulos v. Saul, 19-CV-

5075(GRB), 2021 WL 235630 (E.D.N.Y. Jan. 25, 2021), which discussion is hereby

incorporated by reference.

Furthermore, the central evidentiary question is brought into focus by the parties’

contention statements, a practice implemented by the undersigned’s Individual Practice Rules, as

further discussed in Madigan v. Comm’r of Soc. Sec., 20-CV-445(GRB), 2021 WL 956178, at *2

(E.D.N.Y. Mar. 15, 2021), and incorporated herein by reference.

Here, the ALJ determined that notwithstanding plaintiff’s medical conditions, including

lumbar disc disease, osteoarthritis of the hips and knees (as well as a knee and hip replacement)

and obesity, plaintiff retained the residual functional capacity to perform her prior jobs, which

included a series of sedentary positions. DE 13 at 27. Counsel for plaintiff contends that

evidence that the plaintiff required the use of a cane for ambulation and balance somehow

undermines this finding. DE 8 at 12-15. However, these assertions to do not support the notion

that the ALJ committed error, and there is clear record evidence to support the ALJ’s

conclusions. See, e.g., DE 13 at 71-77.

Thus, in considering the record as a whole, it is clear that the ALJ’s opinion is amply

supported by substantial evidence. Zacharopoulos, 2021 WL 235630 at *7 (“[T]he findings of

the Commissioner as to any fact, if supported by substantial evidence, are conclusive, 42 U.S.C.

§ 405, and therefore, the relevant question is not whether substantial evidence supports plaintiff’s

position, but whether ‘substantial evidence supports the ALJ’s decision.’” (quoting Bonet ex rel.

T.B. v. Colvin, 523 F. App’x 58, 59 (2d Cir. 2013))). Thus, this Court must affirm the decision of

the Commissioner.

Based on the foregoing, the Commissioner’s motion is granted, and the Plaintiff’s motion

is denied. The Clerk of Court is directed to enter judgment and close the case.

SO ORDERED.

Dated: Central Islip, New York

March 25, 2025

/s/ Gary R. Brown

GARY R. BROWN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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