Bavaro v. Astrue, 413 F. App'x 382 (2d Cir. 2011). · Go Syfert
Bavaro v. Astrue, 413 F. App'x 382 (2d Cir. 2011). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases, 2020–2024 · 2 courts · …the commissioner need show only one job existing in the national economy that can perform. at p. 384 ≈ altered
71 citation events (71 in the last 25 years) across 11 distinct courts.
Strongest positive: Arthur P. v. Frank Bisignano, Commissioner of Social Security (nyed, 2025-10-16)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Arthur P. v. Frank Bisignano, Commissioner of Social Security
E.D.N.Y · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that bavaro can perform.
discussed Cited as authority (verbatim quote) Wyld v. Kijakazi
D. Conn. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that can perform.
discussed Cited as authority (verbatim quote) Schmigiel v. Commissioner of Social Security
W.D.N.Y. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that bavaro can perform.
discussed Cited as authority (verbatim quote) Camelio v. Commissioner of Social Security
W.D.N.Y. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that bavaro can perform.
discussed Cited as authority (verbatim quote) Spellman v. Commissioner of Social Security
E.D.N.Y · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a vocational expert testified to the existence of such jobs at the national and regional level. the alj was entitled to credit that testimony . . . .
discussed Cited as authority (verbatim quote) Sanfeliz v. Kijakazi
D. Conn. · 2023 · quote attribution · 1 verbatim quote · confidence high
the alj was entitled to credit testimony, and we will not disturb that finding based upon conclusory proclamations to the contrary.
discussed Cited as authority (verbatim quote) McNaughton v. Commissioner of Social Security
W.D.N.Y. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that bavaro can perform.
discussed Cited as authority (verbatim quote) Witczak v. Commissioner of Social Security
W.D.N.Y. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we decline bavaro's invitation to take judicial notice of the decline of the photofinishing industry and deem the position infeasible for her.
discussed Cited as authority (verbatim quote) Torres-Velez v. Commissioner of Social Security
D.P.R. · 2022 · quote attribution · 1 verbatim quote · confidence high
he commissioner need show only one job existing in the national economy that can perform.
discussed Cited as authority (verbatim quote) Lamont v. Commissioner of Social Security
E.D.N.Y · 2021 · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that bavaro can perform.
discussed Cited as authority (verbatim quote) Montgomery v. Saul
S.D.N.Y. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that can perform.
examined Cited as authority (verbatim quote) Brusca v. Commissioner of Social Security (3×) also: Cited as authority (rule), Cited "see"
D. Conn. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that bavaro can perform.
discussed Cited as authority (verbatim quote) Rodriguez v. Saul
S.D.N.Y. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that can perform.
discussed Cited as authority (verbatim quote) Gove v. Saul
S.D.N.Y. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that can perform.
discussed Cited as authority (verbatim quote) Travo v. Saul
D. Conn. · 2020 · quote attribution · 1 verbatim quote · confidence high
the commissioner need show only one job existing in the national economy that can perform.
discussed Cited as authority (verbatim quote) Miller v. Berryhill
E.D.N.Y · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he commissioner need show only one job existing in the national economy that can perform.
cited Cited as authority (rule) Claudette S. v. Frank Bisignano, Commissioner of Social Security
N.D.N.Y. · 2026 · confidence medium
Id. (citing Bavaro v. Astrue, 413 Fed.
discussed Cited as authority (rule) Marcus C. v. Commissioner of Social Security
W.D.N.Y. · 2026 · confidence medium
“No particular number of positions need be identified: so long as it exists in sufficiently significant numbers, ‘[t]he Commissioner need only show one job existing in the national economy that [the claimant] can perform.’” Id. (quoting Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011)).
discussed Cited as authority (rule) Justina O. v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2026 · confidence medium
“No particular number of positions need be identified: so long as it exists in sufficiently significant numbers, ‘[t]he Commissioner need only show one job existing in the national economy that [the claimant] can perform.’” Id. (quoting Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011)).
discussed Cited as authority (rule) Christopher G. v. Frank Bisignano, Commissioner of Social Security
N.D. Iowa · 2026 · confidence medium
Admin., 449 F. App’x 648, 650 (9th Cir. 2011) (“Although the description in the [DOT] of the ‘Addresser’ job contains a seemingly antiquated reference to typewriters, the ALJ was nonetheless entitled to rely on the VE’s testimony that the Addresser job exists in significant numbers in the national economy.”); Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (“We decline [claimant’s] invitation to take judicial notice of the decline of the photofinishing industry and deem the position infeasible for her.
discussed Cited as authority (rule) Hayford v. Commissioner of Social Security
D. Vt. · 2025 · confidence medium
Conn. Mar. 1, 2017) (internal quotation marks and alteration omitted) (emphasis in original) (quoting Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011)); see also Consiglio v. Berryhill, 2018 WL 1046315 , at *8 (D.
discussed Cited as authority (rule) Prentiss v. Commissioner of Social Security
D. Vt. · 2025 · confidence medium
Conn. Mar. 1, 2017) (internal quotation marks and alteration omitted) (emphasis in original) (quoting Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011); see also Consiglio v. Berryhill, 2018 WL 1046315 , at *8 (D.
discussed Cited as authority (rule) Oliveras v. Commissioner of Social Security
E.D.N.Y · 2025 · confidence medium
There exists a significant number of jobs in the national economy for 416.966(b) (“Work exists in the national economy when there is a significant number of jobs (in one or more occupations) having requirements which [the claimant is] able to meet with [his] physical or mental abilities and vocational qualifications.”); Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (citing 20 C.F.R. § 404.1566 (b) and explaining that the Commissioner “need show only one job existing in the national economy” that the claimant can perform); Brennan v. Colvin, No. 14-CV-3165, 2016 WL 236227 , …
discussed Cited as authority (rule) Crespo v. O'Malley
S.D.N.Y. · 2024 · confidence medium
(Id.) “The Commissioner need show only one job existing in the national economy that [Ms. Crespo] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (summary order) (citing 42 U.S.C. § 423 (d)(2)(A) & 20 C.F.R. § 404.1566 (b)); see Hamilton v. Comm’r of Soc.
discussed Cited as authority (rule) Olkowski v. Commissioner of Social Security
W.D.N.Y. · 2024 · confidence medium
“The Commissioner need show only one job existing in the national economy that [claimant] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (summary order) (citing 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (b)).
discussed Cited as authority (rule) Mandato v. Commissioner of the Social Security Administration
S.D.N.Y. · 2023 · confidence medium
Id. 28 “The Commissioner need show only one Job existing in the national economy that [claimant] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011); see 42 U.S.C. § 423 (d)(2)(A); § 404.1566(b).° The Court thus finds that the ALJ satisfied his step five burden to show that there is work in the national economy that Plaintiff can perform.° CONCLUSION For the foregoing reasons, Plaintiff’s motion for remand to the Commissioner for further administrative proceedings is DENIED.
discussed Cited as authority (rule) Malichek v. Commissioner of the Social Security Administration
E.D.N.Y · 2023 · confidence medium
(Tr. 30.) In response, Plaintiff argues that the ALJ’s decision to rely on the vocational expert’s testimony “simply cannot be a reasonable assessment of the practicality of re-employment in the national economy with her limitations.” (Pl.’s Mem. at 15.) Beyond this conclusory objection, however, Plaintiff advances no basis for the Court to find that none of these jobs “exists in significant numbers.” Because the vocational expert “testified to the existence of such jobs at the national and regional level . . . [t]he ALJ was entitled to credit that testimony, and [the Court] wi…
cited Cited as authority (rule) Thomas v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
At step five, “[t]he Commissioner need show only one job existing in the national economy that [a claimant] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011).
discussed Cited as authority (rule) Weller v. Kijakazi
N.D.N.Y. · 2022 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (citing 42 34 Prior to the VE’s testimony, the ALJ instructed her to explain any of her opinions that differed from the DOT, “advise us of the difference and give us a basis for your opinion or definition.” (T. 65).
cited Cited as authority (rule) Rodriguez v. Commissioner of Social Security
S.D.N.Y. · 2022 · confidence medium
“The Commissioner need only show one job existing in the national economy that [the claimant] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (internal citation omitted).
cited Cited as authority (rule) Range v. Commissioner of Social Security
E.D.N.Y · 2021 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011).
cited Cited as authority (rule) Martinez v. Saul
D. Conn. · 2021 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011); see also 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (b).
discussed Cited as authority (rule) Munson v. Saul
D. Conn. · 2021 · confidence medium
Defendant is correct that “[t]he Commissioner need show only one job existing in the national economy that [plaintiff] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011); see also Doc. #26-1 at 15.
discussed Cited as authority (rule) Pickett v. Commissioner of Social Security
D. Vt. · 2021 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (summary order). “{I]solated jobs that exist only in very limited numbers in relatively few locations” do not meet the regulatory definition of “work which exists in the national economy.” 20 C.F.R. §§ 404.1566 (b), 416.966(b).
discussed Cited as authority (rule) Goodell v. Commissioner of Social Security
D. Vt. · 2021 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (summary order). “[I]solated jobs that exist only in very limited numbers in relatively few locations” do not meet the regulatory definition of “work which exists in the national economy.” 20 C.F.R. §§ 404.1566 (b), 416.966(b).
discussed Cited as authority (rule) Kurutza v. Commissioner of Social Security
D. Vt. · 2020 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (summary order). “(Isolated jobs that exist only in very limited numbers in relatively few locations” do not meet the regulatory definition of “work which exists in the national economy.” 20 C.F.R. §§ 404.1566 (b), 416.966(b).
cited Cited as authority (rule) Stonick v. Saul
D. Conn. · 2020 · confidence medium
(R. 64.) “The Commissioner need show only one job existing in the national economy that [the plaintiff] can perform.” Bavaro v. Astrue, 413 F. App'x 382, 384 (2d Cir. 2011) (summary order).
discussed Cited as authority (rule) Armstrong v. Saul
W.D.N.C. · 2020 · confidence medium
Since Plaintiff “can perform at least one job that exists in significant numbers in the national economy, the ALJ properly concluded that Plaintiff is not disabled under the Act.” Richardson, 2019 WL 1354042 , at * 4 (citing Guiton v. Colvin, 546 F. App’x 137, 142 (4th Cir. 2013); see also Hicks v. Califano, 600 F.2d 1048, 1051, n. 2 (4th Cir. 1979) (“We do not think that the approximately 110 jobs testified to by the VE constitute an insignificant number.”); Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011)) (finding that the Commissioner need show only one job to meet her bu…
cited Cited as authority (rule) Santana v. Berryhill
D. Conn. · 2020 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (citing 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (b)).
discussed Cited as authority (rule) Rosa v. Berryhill
D. Conn. · 2020 · confidence medium
To meet the burden of Step Five under the Social Security regulations, “[t]he Commissioner need show only one job existing in the national economy that [the claimant] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (citing 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (b)).
cited Cited as authority (rule) Hamilton v. Saul
N.D.N.Y. · 2020 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011).
discussed Cited as authority (rule) Fears v. Commissioner of Social Security
W.D.N.Y. · 2020 · confidence medium
Judge Larimer, in Sanchez v. Berryhill, 336 F. Supp. 3d 174, 177 (W.D.N.Y. 2018), held that “no particular number of positions need be identified: so long as it exists in sufficiently numbers, ‘[t]he Commissioner need show only one job existing in the national economy that [the claimant] can perform,’” (quoting Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (citing 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (b)).
cited Cited as authority (rule) Bernier v. Berryhill
D. Conn. · 2019 · confidence medium
Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (citing 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (b)).
cited Cited as authority (rule) Richardson v. Berryhill
D. Conn. · 2019 · confidence medium
Bavaro v. Astrue, 413 Fed.
discussed Cited as authority (rule) Broadbent v. Berryhill
D. Conn. · 2019 · confidence medium
To meet his burden at step five, “the Commissioner need show only one job existing in the national economy that [claimant] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (emphasis added).
discussed Cited as authority (rule) Simley v. Kijakazi
E.D.N.Y · 2019 · confidence medium
At Step Five, “the Commissioner need only show one job existing in the national economy that [claimaint] can perform.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (Summary Order) (emphases added).
discussed Cited as authority (rule) Alamo v. Berryhill
D. Conn. · 2019 · confidence medium
To meet the burden of Step Five under the Social Security regulations, “[t]he Commissioner need show only one job existing in the national economy that [Claimant] can perform.” Bavaro v. Astrue, 413 F. App'x. 382, 384 (2d Cir. 2011) (summary order) (citing 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (b)).
discussed Cited as authority (rule) Taylor v. Berryhill
D. Conn. · 2019 · confidence medium
“The Commissioner has the burden in step five of the disability determination to prove that the claimant is capable of working.” Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) (citing Perez, 77 F.3d at 46 ).
discussed Cited as authority (rule) Kelly Ann Purcell v. Nancy A. Berryhill
C.D. Cal. · 2019 · confidence medium
Admin., 449 F. App’x 648, 650 (9th Cir. 2011) 23 (“Although the description in the [DOT] of the ‘Addresser’ job contains a 24 seemingly antiquated reference to typewriters, the ALJ was nonetheless entitled to 25 rely on the VE’s testimony that the Addresser job exists in significant numbers in 26 the national economy.”); Bavaro v. Astrue, 413 F. App’x 382, 384 (2d Cir. 2011) 27 (“We decline Bavaro’s invitation to take judicial notice of the decline of the 28 1 photofinishing industry and deem the position infeasible for her.”).
discussed Cited as authority (rule) Sanchez v. Berryhill
W.D.N.Y. · 2018 · confidence medium
No particular number of positions need be identified: so long as it exists in sufficiently significant numbers, "[t]he Commissioner need show only one job existing in the national economy that [the claimant] can perform." Bavaro v. Astrue , 413 F. Appx. 382, 384 (2d Cir. 2011) (citing 42 U.S.C. § 423 (d)(2)(A) ; 20 C.F.R. § 404.1566 (b) ).
Retrieving the full opinion text from the archive…
Barbara BAVARO, Plaintiff-Appellant,
v.
Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee
10-1841-CV.
Court of Appeals for the Second Circuit.
Mar 14, 2011.
413 F. App'x 382
David J. Seeger, Buffalo, NY, for Appellant., Andreea Lechleitner, Special Assistant United States Attorney (Stephen P. Conte, Regional Chief Counsel, Social Security Administration, of counsel), for William J. Hochul, Jr., United States Attorney for the Western District of New York, Buffalo, NY, for Appellee.
Jacobs, Leval, Raggi.
Cited by 58 opinions  |  Unpublished

SUMMARY ORDER

Plaintiff-Appellant Barbara Bavaro appeals from the judgment on the pleadings entered by the United States District Court for the Western District of New York (Telesca, J.), affirming the Commissioner’s denial of her claim for Social Security disability benefits. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.

Bavaro argues that the ten-pound lifting restriction recommended by her treating physician, Dr. Geraci, should have been controlling for the ALJ’s disability determination.

“An ALJ who refuses to accord controlling weight to the medical opinion of a treating physician must consider various ‘factors’ to determine how much weight to give to the opinion.” Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir.2004) (per[*384] curiam); see 20 C.F.R. § 404.1527(d)(2). The ALJ must also “give good reasons in [the] notice of determination or decision for the weight” accorded to the treating physician’s opinion. Id.

As to Dr. Geraci’s opinion, the ALJ failed to demonstrate consideration of the necessary factors and to provide good reasons' for discounting it. We can nevertheless evaluate the treating physician’s opinion ourselves through a searching review of the record. See Halloran, 362 F.3d at 31-32. “While the opinions of a treating physician deserve special respect, they need not be given controlling weight where they are contradicted by other substantial evidence in the record.” Veino v. Barnhart, 312 F.3d 578, 588 (2d Cir.2002) (internal citations omitted).

First, Dr. Geraci did not treat Bavaro during the most relevant period. The amended onset date is April 2006, when she was laid off; Dr. Geraci last saw her in 2005.

Second, Dr. Geraci’s assessment was contradicted by functional assessments by: [a] Marzullo, Bavaro’s treating physical therapist, who found that Bavaro’s “safe work capacity” included level lifting and floor lifting eighteen pounds; [b] Dr. Dina, who concluded that Bavaro had no functional limitations; [c] De Freitas, who determined that Bavaro could occasionally lift 20 pounds and frequently lift ten pounds; [d] Dr. Cox, who from the beginning thought that Bavaro had a good prognosis, and later noted that she responded favorably to therapy; and [e] Higgins, who concluded in two assessments years apart that Bavaro could occasionally lift 20 to 25 pounds and frequently lift ten pounds.

In any event, the restrictions themselves are of questionable value. They were imposed nearly three-and-a-half years prior to the alleged disability onset date, without explanation regarding their particulars, and Bavaro worked in the interval. Moreover, their source is correspondence from Dr. Geraci to Bavaro’s employer, rather than treatment notes or medical records.

Remand for agency reconsideration is unnecessary where, as here, “application of the correct legal principles to the record could lead [only to the same] conclusion.” Zabala v. Astrue, 595 F.3d 402, 409 (2d Cir.2010) (brackets in original).

The ALJ found that Bavaro was capable of performing several jobs. Bavaro challenges each as unsuitable; the Commissioner defends only the positions of photo counter clerk and small products assembler. The Commissioner has the burden in step five of the disability determination to prove that the claimant is capable of working. Perez v. Chater, 77 F.3d 41, 46 (2d Cir.1996). The Commissioner need show only one job existing in the national economy that Bavaro can perform. See 42 U.S.C. § 423(d)(2)(A); 20 C.F.R. § 404.1566(b).

At a minimum, substantial evidence supports the ALJ’s finding that Bavaro can perform the photo counter clerk position. We decline Bavaro’s invitation to take judicial notice of the decline of the photofinishing industry and deem the position infeasible for her. A vocational expert testified to the existence of such jobs at the national and regional level. The ALJ was entitled to credit that testimony, see 20 C.F.R. § 404.1566(e), and we will not disturb that finding based upon Bavaro’s conclusory proclamations to the contrary.

Bavaro also challenges the transferability of her experience as a paint store clerk to the photo counter clerk position, based upon the numbering scheme of the Depart[*385] ment of Labor’s “Dictionary of Occupational Titles” (DOT) listings. The argument ignores the critical metric for each job: the skill level. Because the DOT lists the photo counter clerk position as unskilled, see Social Security Ruling 0(Mp, 2000 SSR LEXIS 8; Certified Administrative Record at 201, it is viable for Ms. Bavaro whether or not any of her skills from her paint store position are transferable. See Social Security Ruling 82-41, 1982 SSR LEXIS 34 (“[A] finding of ‘not disabled’ may be based on the ability to do unskilled work.”).

Bavaro claims that a disability finding is warranted under the Medical-Vocational Guidelines (“the Grids”). See 20 C.F.R. pt. 404, subpt. P, app. 2. The argument rests on her “treating physician” argument, because it hinges upon Dr. Geraci’s ten-pound lifting restriction controlling the analysis (which would trigger application of the sedentary work Grid, see 20 C.F.R. pt. 404, subpt. P, app. 2, § 201.01 et seq.). As discussed, Dr. Geraci’s opinion is not entitled to controlling weight; therefore, this argument is without merit.

We have considered Bavaro’s remaining arguments on this appeal and have found them to be without merit. For the foregoing reasons, the judgment of the District Court is hereby AFFIRMED.