Laureano v. Comm'r of Soc. Sec.

15 Citing cases

  1. Ivanov v. Kijakazi

    21-cv-05946 (SDA) (S.D.N.Y. Mar. 25, 2023)

    “EMG is a procedure used to assess muscles and nerve cells that control them.” Laureano v. Comm'r of Soc. Sec., No. 17-CV-01347 (SDA), 2018 WL 4629125, at *6 n.13 (S.D.N.Y. Sept. 26, 2018) (citation omitted). “A NCV test is often used to distinguish between a nerve disorder and a muscle disorder.” Id.

  2. Ayala v. Kijakazi

    620 F. Supp. 3d 6 (S.D.N.Y. 2022)   Cited 35 times

    " Laureano v. Commissioner of Social Security, No. 17-CV-01347, 2018 WL 4629125, at *2 n.3 (S.D.N.Y. Sept. 26, 2018) (quoting Friedman v. Astrue, No. 07-CV-03651, 2008 WL 3861211, at *2 n. 4 (S.D.N.Y. Aug. 19, 2008)) (citing Dorland's Illustrated Medical Dictionary, 2079 (31st ed. 2007)). On November 25, 2018, an MRI of Ayala's left knee ordered by Dr. Berkowitz revealed a synovial effusion in the knee joint with a small cyst, tear of the medial meniscus, medial collateral ligament sprain, and anterior cruciate ligament sprain.

  3. Erica S. v. Commissioner of the Social Security Administration

    Civil Action 20-6175 (MAS) (D.N.J. Apr. 28, 2022)   Cited 1 times

    In other cases, courts have remanded because they found the ALJ “erred by assigning ‘limited weight' to treating physician's opinion when Commissioner argued, inter alia, that physician did not do function-by-function analysis.” Parker v. Comm'r of Soc. Sec. Admin., No. 18-3814, 2019 WL 4386050, at *8 (S.D.N.Y. Sept. 13, 2019) (quoting Laureano v. Comm'r of Soc. Sec., No. 17-01347, 2018 WL 4629125, at *13 (S.D.N.Y. Sept. 26, 2018)) (“[A] lack of function-by-function analysis by [physician] is not a good reason for discounting his opinion.”). Given that the ALJ twice stressed he was assigning little weight to Dr. Giuliano's opinions because they lacked a function-by-function analysis, the Court takes the ALJ at his word and finds that he erred in doing so.

  4. Gray v. Kijakazi

    Civil Action 20 Civ. 4636 (SLC) (S.D.N.Y. Mar. 31, 2022)

    As a result, the Court is unable to conclude that the ALJ's RFC determination is supported by substantial evidence, and remand is required to allow the ALJ to develop the record. See Rosa, 168 F.3d at 79 (explaining that whether the ALJ has satisfied the duty to develop the record is a threshold question); Laureano v. Comm'r of Soc. Sec., No. 17 Civ.1347 (SDA), 2018 WL 4629125, at *11 (S.D.N.Y. Sept. 26, 2018) (remanding where ALJ failed to adequately develop record as to claimant's impairments and opinions of claimant's treating sources). a. RFC determination standard

  5. Jason M. v. Comm'r of Soc. Sec.

    3:20-CV-00862 (TWD) (N.D.N.Y. Mar. 28, 2022)

    Although under certain circumstances, particularly where the medical evidence shows relatively minor physical impairment, “an ALJ permissibly can render a commonsense judgment about functional capacity even without a physician's assessment, ” House v. Astrue, No. 5:11-CV-915 (GLS), 2013 WL 422058 at *4 (N.D.N.Y. Feb. 1, 2013) (internal quotation omitted), this Court concludes that those circumstances are not present here. 16 See, e.g., Tricic v. Astrue, No. 6:07-CV-9997 (NAM)(GHL), 2010 WL 3338697, at *3-4 (N.D.N.Y. Aug. 24, 2010 (remanding based on lack of medical evidence to support the ALJ's findings “regarding the amount of weight plaintiff could lift and carry”); Laureano v. Comm'r of Soc. Sec., No. 1:17-CV-1347, 2018 WL 4629125, at *43-44, 2018 WL 4629125 (S.D.N.Y. Sep. 26, 2018) (reversing finding that plaintiff could perform medium work because the record was devoid of specific findings regarding plaintiff's ability to lift); see also Sinopoli v. Berryhill, No. 18-CV-6558, 2019 WL 3741051, at *10 (S.D.N.Y. May 31, 2019) (“[T]here is no indicator that ‘intact strength' means that Plaintiff can carry and lift 20 pounds.”). See Cook v. Comm'r of Soc. Sec., 818 Fed.Appx. 108, 109-110 (2d Cir. 2020) (“[A]lthough there was no medical opinion providing the specific restrictions reflected in the ALJ's RFC determination, such evidence is not required when ‘the record contains sufficient evidence from which an ALJ can assess the [claimant's] residual functional capacity. . . . Here, the treatment notes were in line with the ALJ's RFC determinations.”

  6. Mason v. Comm'r of Soc. Sec.

    20-cv-07648 (SDA) (S.D.N.Y. Mar. 18, 2022)   Cited 1 times

    “An antalgic gait is one in which the stance phase of walking is shortened on one side due to pain on weight bearing.” Laureano v. Comm'r of Soc. Sec., No. 17-CV-01347 (SDA), 2018 WL 4629125, at *3 (S.D.N.Y. Sept. 26, 2018) (citation omitted). As set forth in Background Section III(F) below, Plaintiff saw Dr. Debiec for pain management treatment beginning in October 2017.

  7. Lopez v. Kijakazi

    20-cv-07912 (MKV) (SDA) (S.D.N.Y. Dec. 14, 2021)   Cited 1 times

    The fifth lumbar vertebra, for example, is labeled ‘L5.' The space between the fifth lumbar and first sacral vertebrae, for example, is labeled ‘L5-S1.'” Laureano v. Comm'r of Soc. Sec., No. 17-CV-01347 (SDA), 2018 WL 4629125, at *2 n.3 (S.D.N.Y. Sept. 26, 2018) (citing Dorland's Illustrated Medical Dictionary 2079 (31st ed. 2007)).

  8. Manzella v. Comm'r of Soc. Sec.

    Civil Action 20 Civ. 3765 (VEC) (SLC) (S.D.N.Y. Oct. 27, 2021)   Cited 20 times
    Recognizing continued force of Tankisi but remanding, among other reasons, because record was not sufficient without medical source statements from claimant's treating physicians

    Remand is accordingly required to allow the ALJ to develop the record. See Rosa, 168 F.3d at 79 (explaining that whether the ALJ has satisfied the duty to develop the record is a threshold question); Laureano v. Comm'r of Soc. Sec., No. 17 Civ.1347 (SDA), 2018 WL 4629125, at *11 (S.D.N.Y. Sept. 26, 2018) (remanding where ALJ failed to adequately develop record as to claimant's impairments and opinions of claimant's treating sources).

  9. Obremski v. Kijakazi

    20-CV-3902 (JLC) (S.D.N.Y. Jul. 27, 2021)

    Similarly, the lack of a function-by-function analysis by Dr. Dayal is not a good enough reason for discounting his opinion, as the Commissioner contends. Def. Mem. at 11; see also Laureano v. Comm'r of Soc. Sec., No. 17-CV-1347 (SDA), 2018 WL 4629125, at *13 (S.D.N.Y. Sept. 26, 2018) (ALJ erred by assigning “limited weight” to treating physician's opinion when physician did not perform function-by-function analysis). The ALJ, consistent with her duty to develop the record, should have affirmatively sought such a function-by-function analysis instead of largely disregarding Dr. Dayal's findings.

  10. Torres v. Comm'r of Soc. Sec.

    19-cv-08610 (SDA) (S.D.N.Y. Mar. 5, 2021)

    "Spondylosis is a broad term that simply refers to some type of degeneration in the spine." Laureano v. Comm'r of Soc. Sec., 17-CV-01347 (SDA), 2018 WL 4629125, at *4 (S.D.N.Y. Sept. 26, 2018). E. Bruckner Medical, P.C.