WILLIAM M. SKRETNEY, District Judge.
1. Plaintiff Joseph Payne challenges an Administrative Law Judge's ("ALJ") decision dated April 8, 2013, wherein the ALJ determined that Plaintiff was not disabled under sections 1614(a)(3)(A) of the Social Security Act. He now contends that this determination is not based upon substantial evidence, and reversal is warranted.
2. Plaintiff initially filed an application for disability insurance benefits and supplemental security income on November 30, 2009, alleging a disability beginning on January 1, 1986, which was later amended to November 30, 2009. The claim for disability insurance benefits was later withdrawn, and the application was denied with respect to supplemental security income on June 23, 2010. Plaintiff was granted a hearing, following which the application was again denied by the ALJ. The matter was then remanded back to the ALJ by the Appeals Council on October 17, 2012, for the development of several issues. An additional hearing was held before the ALJ on March 7, 2013, at which Plaintiff and a vocational expert testified. The ALJ again found that Plaintiff was not disabled within the meaning of the Social Security Act, and the Appeals Council denied Plaintiff's request for review on May 23, 2014, rendering the ALJ's determination the final decision of the Commissioner. Plaintiff filed the instant action on July 18, 2014.
3. Plaintiff and the Commissioner each filed a Motion for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Judgment on the pleadings is appropriate where material facts are undisputed and where a judgment on the merits is possible merely by considering the contents of the pleadings. Sellers v. M.C. Floor Crafters, Inc., 842 F.2d 639, 642 (2d Cir. 1988).
4. A court reviewing a denial of disability benefits may not determine de novo whether an individual is disabled.
5. To determine whether the ALJ's findings are supported by substantial evidence, "a reviewing court considers the whole record, examining the evidence from both sides, because an analysis of the substantiality of the evidence must also include that which detracts from its weight."
6. The Commissioner has established a five-step sequential evaluation process to determine whether an individual is disabled as defined under the Act.
7. This five-step process is detailed below:
8. While the claimant has the burden of proof as to the first four steps, the Commissioner has the burden of proof on the fifth and final step.
9. In this case, the ALJ made the following findings with regard to the five-step process set forth above: (1) Plaintiff had not engaged in substantial gainful activity since November 30, 2009, his application date (R. 15);
10. Plaintiff contends that the Appeals Council erred in failing to remand this matter to the ALJ for consideration of new evidence submitted to the Council following the ALJ's determination. This Court disagrees. The new evidence consists of a July 16, 2013 letter from Plaintiff's treating psychiatrist, Dr. Gupta, which states that Plaintiff "has a long history of schizophrenia characterized by positive symptoms (delusions and hallucinations) and negative symptoms (flat affect). As a result of this debilitating illness, he is permanently unable to be employed." (R. 590.) This statement that Plaintiff is permanently disabled, which is unsupported by any further detail, is not a "medical opinion" entitled to any special significance, but is instead a determination within the purview of the Commissioner. 20 C.F.R. § 416.927(d)(1);
11. Plaintiff's second argument must be rejected for a similar failing. Plaintiff argues that the ALJ's RFC determination was not supported by substantial evidence because the ALJ failed to consider Plaintiff's inability to work on a regular and consistent basis. However, to the extent that Plaintiff relies on the conclusory assertions of Plaintiff's disabled status provided by Dr. Gupta and another treating psychiatrist, Dr. Tan, the ALJ correctly noted that, as discussed above, such conclusions are reserved to the Commissioner. (R. 21.) Further, the ALJ did consider the symptoms cited by Plaintiff in his brief, which are largely supported by Plaintiff's own testimony and self-reports, but found that the allegations regarding the existence or limiting effects of these symptoms were not credible. The ALJ provided a detailed analysis of his reasoning for not crediting much of Plaintiff's testimony and allegations, particularly noting (among other things) the consistent reports by consultative and treating examiners of Plaintiff's malingering, lack of cooperation in medical evaluations, and exaggeration of his symptoms due to concerns regarding his social security application. (R. 18-21, 298-300, 304-306, 433, 437.) Because the ALJ identified the specific record-based reasons for his ruling, this Court will not second-guess the credibility evaluation.
12. Having considered Plaintiff's challenges, this Court is satisfied that the ALJ committed no reversible error, and that his decision is based on substantial evidence. Defendant's Motion for Judgment on the Pleadings is therefore granted and Plaintiff's motion seeking the same relief is denied.
IT HEREBY IS ORDERED, that Plaintiff's Motion for Judgment on the Pleadings (Docket No. 8) is DENIED;
FURTHER, that Defendant's Motion for Judgment on the Pleadings (Docket No. 12) is GRANTED;
FURTHER, that the Clerk of the Court is directed to take the necessary steps to close this case.
SO ORDERED.