Case law

Lafountain v. Kijakazi

District Court, N.D. New York · Feb 24, 2022

The plaintiff has the burden of establishing disability at the first four steps. … If a plaintiff’s “impairment ‘manifests only some of those criteria, no matter how severely,’ such impairment does not qualify.” Id.

Conmed Corporation v. First Choice Prosthetic & Orthopedic Service, Inc.

District Court, N.D. New York · Jan 11, 2023

More importantly, however, the cross-petition was clearly “time-barred under the FAA,” as it was filed more than three months after the arbitration award was filed. Id. … concludes that Conmed has not shown that Concepcion espouses a legal principle whose applicability to the issue before the arbitrator was “obvious and capable of being readily and instantly perceived by the average person qualified

Muessig v. Commissioner of Social Security

District Court, N.D. New York · Jun 28, 2022

Taylor's 2020 opinion which was “clearly legible[,]” and compared it to “other record evidence of essentially unremarkable physical findings[.]’ Id. A. … Relevant Portions of the ALJ’s Decision At step two, the ALJ determined that plaintiff did not establish a severe physical impairment. See T. at 12.

Oakes v. Commissioner of Social Security

District Court, N.D. New York · Feb 3, 2022

The ALJ must “clearly demonstrate[] [that] he considered the entire case record .. . as required by SSR 16-3p.” Id. … treatment, while being unable to establish his mental impairments because he sought too much treatment.”

Salmini v. Kijakazi

District Court, N.D. New York · Sep 8, 2022

The Appeals Council provides the following examples of such circumstances that might establish good cause: a . . … Based on this record, Plaintiff has failed to establish any prejudice resulting from the ALJ’s decision to bar her husband’s testimony.

Siver v. Commissioner of Social Security

District Court, N.D. New York · Jan 11, 2021

The ALJ must clearly state the legal rules that he applies and the weight that he accords the evidence considered. Drysdale v. Colvin, 14-CV-722, 2015 WL 3776382, at *2 (S.D.N.Y. June 16, 2015) (citing Rivera v. … “It is well settled that an ALJ is entitled to rely upon the opinions of both examining and non-examining State agency medical consultants, since such consultants are deemed to be qualified experts in the field of social

Ryle, Jr. v. Rehrig Pacific Company

District Court, N.D. New York · Oct 22, 2020

(Id. at 11-12.) 3 As to Plaintiff’s FMLA claim, Defendants argue that Plaintiff has not clearly asserted what right under the FMLA was violated … this tension between permitting a “short and plain statement” and requiring that the statement “show[]” an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard established

Alexander v. Berryhill

District Court, N.D. New York · Aug 5, 2020

The ALJ must clearly state the legal rules that he applies and the weight that he accords the evidence considered. Drysdale v. Colvin, No. 14-CV-722, 2015 WL 3776382, at *2 (S.D.N.Y. June 16, 2015) (citing Rivera v. … Warnakulasuriya qualified most of her opinion by indicating she had based it upon Plaintiff’s own reports about her pain and functional limitations. (T. 305-306.)

Sedorus v. Saul

District Court, N.D. New York · Aug 20, 2019

Plaintiff completed a Certified Nursing Assistant program and became a qualified nurse’s aide. (R. 38-39). She worked as a nurse’s aide from 2009 to 2014. (R. 75-76). … The claimant bears the burden of establishing disability at the first four steps; the Commissioner bears the burden at the last. Selian, 708 F.3d at 418. B.

Brown v. Saul

District Court, N.D. New York · Sep 24, 2020

His Body Mass Index (“BMI”) during this period was over 40, qualifying him as obese.° Tr. at pp. 18, 240, 261, 267. … In this case, the ALJ was clearly aware of his obligations to evaluate Plaintiff's subjective complaints, and the Court finds that none of the issues raised by Plaintiff merit remand.

Navarra v. Dreimiller

District Court, N.D. New York · Sep 25, 2025

a preponderance of the evidence that: (1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified to perform the essential functions of his job, with or without … removing the defamation claim; (2) removing Defendants Dreimiller and Bentley from the federal causes of action; and (3) a general contention that “[a]ny areas of the complaint where a ‘valid claim’ is alleged to not be clearly

Schultz v. O'Malley

District Court, N.D. New York · Aug 30, 2024

“It is well-established that the ALJ has both the ability and the responsibility to resolve conflicts in the evidence,” Amanda R., 556 F. … Supp. 3d at 152, and “well settled that an ALJ is entitled to rely upon the opinions of both examining and non-examining State agency medical consultants, since such consultants are deemed to be qualified experts in the

Perry v. Clement

District Court, N.D. New York · Sep 8, 2025

“To bring a discrimination claim under Title VII . . ., a plaintiff must allege that ‘(1) she was within the protected class; (2) she was qualified for the position; (3) she was subject to an adverse employment action; … The Amended Complaint indicates that Plaintiff filed a complaint against Defendant Sidoti on or about December 4, 2018, which alone is clearly not timely. (Dkt. No. 8, at ¶¶ 97.)

Gigliotti v. Kijakazi

District Court, N.D. New York · Jul 26, 2023

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990) (emphasis in original). … In sum, Plaintiff clearly disagrees with the ALJ’s evaluation of the evidence.

Gugliotto v. Commissioner of Social Security

District Court, N.D. New York · Jan 18, 2022

The plaintiff bears the initial burden of proof to establish each of the first four steps. See DeChirico v. Callahan, 134 F.3d 1177, 1180 (2d Cir. 1998) I (citing Berry, 675 F.2d at 467). … Additionally, “an ALJ is entitled to rely upon the opinions of both examining and nonexamining State 11 agency medical consultants, since such consultants are deemed to be qualified

Eldredge v. Kijakazi

District Court, N.D. New York · Sep 14, 2021

To qualify for Social Security disability benefits, a claimant must show that he suffers from a disability within the meaning of the Act. … In this case, the vocational expert clearly recognized that Plaintiff could not perform every job classified as "light" and, indeed, only named one. See AR at 43.

Alexa Jean M. v. Commissioner of Social Security

District Court, N.D. New York · Mar 20, 2026

However, the “plaintiff bears the burden of establishing that despite surpassing the established levels of earnings, [he] was not engaged in substantial gainful activity.” … Plaintiffs unsuccessful work attempt from September 5, 2019, through November 1, 2019 — a period that the ALJ 16 agreed was not SGAI]; and absences that were not clearly

Santorelli v. Commissioner of Social Security

District Court, N.D. New York · Jan 14, 2022

Additionally, “an ALJ is entitled to rely upon the opinions of both examining and non-examining State agency medical consultants, since such consultants are deemed to be qualified experts in the field of social security … Perrone “clearly had no grasp on [p]laintiff's condition, and did not even bother to explain his opinion.” Dkt. No. 13 at 23. Plaintiff argues that Dr.

Logan v. The City of Schenectady

District Court, N.D. New York · Aug 13, 2019

A municipal policy or custom may be established where the facts show: (1) a formal policy, officially promulgated by the municipality, Monell, 436 U.S. at 690; (2) action taken by the official responsible for establishing … No. 14, at 21–22); (ii) while his notice of claim “did not specifically use the words ‘intentional infliction of emotional distress’” Plaintiff “clearly described the facts and circumstances underlying the claim,” (id. at

Farnach v. Commissioner of Social Security

District Court, N.D. New York · Sep 9, 2020

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. … In this case, the ALJ was clearly aware of his obligations to evaluate Plaintiff’s subjective complaints, and the Court finds no error requiring remand.