Domm v. Colvin, 579 F. App'x 27 (2d Cir. 2014). · Go Syfert
Domm v. Colvin, 579 F. App'x 27 (2d Cir. 2014). Cases Citing This Book View Copy Cite
40 citation events (40 in the last 25 years) across 5 distinct courts.
Strongest positive: Klein v. Commissioner of Social Security (nysd, 2024-03-22)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Klein v. Commissioner of Social Security (2×) also: Cited "see"
S.D.N.Y. · 2024 · confidence medium
Defendant recites the law: “[w]here an ALJ's analysis…regarding a claimant's functional limitations and restrictions affords an adequate basis for meaningful judicial review, applies the proper legal standards, and is supported by substantial evidence such that additional analysis would be unnecessary or superfluous, ... remand is not necessary merely because an explicit function-by-function analysis was not performed.” Id. (citing Domm v. Colvin, 579 F. App'x 27, 29 (2d Cir. 2014)).
discussed Cited as authority (rule) Tawredou v. Commissioner of Social Security
S.D.N.Y. · 2022 · confidence medium
Sec., 579 F. App’x 27, 28 (2d Cir. 2014) (substantial evidence supported ALJ’s decision to discount physician’s opinion when opinion was inconsistent with physician’s treatment notes, conclusions of other medical experts, and plaintiff’s testimony regarding daily functioning).
discussed Cited as authority (rule) Corbett v. Commissioner of Social Security
N.D.N.Y. · 2020 · confidence medium
(T. 378, 380, 575.) See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014) (holding ALJ may consider the claimant’s “testimony regarding her daily functioning” when weighing opinion evidence).
discussed Cited as authority (rule) Holler v. Saul
N.D.N.Y. · 2020 · confidence medium
Colvin, 579 F. App’x 27, 28 (2d Cir. 2014)); Lamond v. Astrue, 440 F. App’x 17, 21-22 (2d Cir. 2011) (affirming the ALJ’s decision not to provide controlling weight to the opinion of a treating physician where opinions from non-treating examiners offered substantial evidence to the contrary).° 2.
discussed Cited as authority (rule) Santana v. Commissioner of Social Security
S.D.N.Y. · 2019 · confidence medium
Colvin, 579 F. App’x 27, 28 (2d Cir. 2014) (“Here, the ALJ pointed to substantial evidence for giving the narrative statement of [plaintiff's] treating physician . . . only probative weight, noting -15- that [the physician's] restrictive assessment was inconsistent with . . . [plaintiff's] testimony regarding her daily functioning.”); Roma v. Astrue, 468 F. App’x 16, 19 (2d Cir. 2012) (not error for an ALJ to use a claimant's participation in a “broad range of light, non-stressful activities” as evidence contradicting a treating source's opinion).
cited Cited as authority (rule) Laba v. Saul
N.D.N.Y. · 2019 · confidence medium
Colvin, 579 F. App’x 27, 28 (2d Cir. 2014)).
cited Cited as authority (rule) Linen, Jr. v. Commissioner of Social Security
N.D.N.Y. · 2019 · confidence medium
Colvin, 579 F. App’x 27, 28 (2d Cir. 2014)).
discussed Cited as authority (rule) Effland v. Commissioner of Social Security
N.D.N.Y. · 2019 · confidence medium
See Veino v. Barnhart, 312 F.3d 578, 588 (2d Cir. 2002) (“Genuine conflicts in the medical evidence are for the Commissioner to resolve.”); Perozzi v. Berryhill, 287 F. Supp. 3d 471, 497 (S.D.N.Y. 2018) (noting that ALJ has authority “to resolve conflicts in the record, including with reference to a 4| claimant’s reported activities of daily living”) (citing Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014)).
cited Cited as authority (rule) Sedorus v. Saul
N.D.N.Y. · 2019 · confidence medium
Colvin, 579 F. App’x 27, 28 (2d Cir. 2014)).
discussed Cited as authority (rule) Rosado v. Commissioner of Social Security
S.D.N.Y. · 2019 · confidence medium
(See, e.g., Tr. at 122, 271, 461.) “[T]he opinion of the treating physician is not [to be] afforded controlling weight where . . . the treating physician issued opinions that are not consistent with other substantial evidence in the record.” Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014) (omission in original) (quoting Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004) (per curiam)); see also Carvey v. Astrue, 380 F. App’x 50, 52 (2d Cir. 2010) (affirming rejection of treating physician’s opinion regarding claimant’s total inability to lift where physician’s “own statemen…
discussed Cited "see" Rodriguez v. Saul, Commissioner of Social Security
S.D.N.Y. · 2022 · signal: see · confidence high
See Domm v. Colvin, 579 F. App'x 27 , 28–29 (2d Cir. 2014) (summary order); Mongeur, 722 F.2d at 1039 . frozen shoulder diagnosis; and (b) some instances of limited lumbar spine range of motion, tenderness, and sensory loss in the lower extremities only.
cited Cited "see" Jemison v. Commissioner of Social Security
W.D.N.Y. · 2022 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014).
discussed Cited "see" Jackson v. Commissioner of Social Security
W.D.N.Y. · 2022 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014) (ALJ appropriately considered fact that physician’s “restrictive assessment” was inconsistent with, among other things, the plaintiff’s “testimony regarding her daily functioning”).
discussed Cited "see" King v. Kijakazi
D. Conn. · 2021 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014) (finding “substantial evidence for giving the” opinion of plaintiff’s treating physician “only probative weight,” where the opinion “was inconsistent with ... [plaintiff’s] testimony regarding her daily functioning[]”).
discussed Cited "see" Myers v. Commissioner of Social Security
W.D.N.Y. · 2021 · signal: see · confidence high
Sec., 794 F. App'x 23 (2d Cir. Nov. 25, 2019) (although ALJ's decision was silent on whether treating source was a specialist, the ALJ nonetheless gave good reasons for assigning the doctor's opinion little weight); see Domm v. Colvin, 579 F. App'x 27 (2d Cir. 2014) (the ALJ properly pointed to substantial evidence for giving the treating source statement only probative weight, noting that the restrictive assessment was inconsistent with the source's own treatment notes, the conclusion of other medical sources, and plaintiff's testimony regarding her daily functioning).
discussed Cited "see" Gracanin v. Saul
N.D.N.Y. · 2021 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014) (finding the ALJ’s rejection of the treating physician’s opinion supported where the ALJ found that opinion was inconsistent with the evidence, including the physician’s own treatment notes, the conclusions of other medical sources, and the plaintiff’s own testimony); Luciano-Norman v. Comm’r of Soc.
discussed Cited "see" Ruise v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
(T. 20-22); see Domm v. Colvin, 579 F. App’x 27 (2d Cir. 2014) (the ALJ properly pointed to substantial evidence for giving the treating source statement only probative weight, noting that the restrictive assessment was inconsistent with the source’s own treatment notes, the conclusion of other medical sources, and plaintiff’s testimony regarding her daily functioning).
cited Cited "see" Gibson v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014); Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004) (per curiam). 15.
cited Cited "see" Bachowski v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014); Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004) (per curiam). 15.
discussed Cited "see" Turnbull v. Commissioner of Social Security
N.D.N.Y. · 2020 · signal: see · confidence high
See Domm v. Colvin, 579 Fed.
cited Cited "see" Wills v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014); Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004) (per curiam). 16.
cited Cited "see" O'Konski v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014); Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004) (per curiam). 16.
cited Cited "see" Kelsey v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014); Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004) (per curiam). 16.
cited Cited "see" Cappuzzello v. Commissioner of Social Security
W.D.N.Y. · 2019 · signal: see · confidence high
See Domm v. Colvin, 579 Fed.
discussed Cited "see" Goettel v. Commissioner of Social Security
W.D.N.Y. · 2019 · signal: see · confidence high
See Domm v. Colvin, 579 F. App’x 27 (2d Cir. 2014) (ALJ properly afforded treating source opinion only probative weight where limitations were inconsistent with the source’s treatment notes, the conclusions of other medical sources, and plaintiff’s testimony of her daily functioning).
discussed Cited "see" Dunne v. Comm'r of Soc. Sec.
W.D.N.Y. · 2018 · signal: see · confidence high
See Domm v. Colvin , 579 F. App'x 27 , 28 (2d Cir. 2014) (ALJ may discount the opinion of a treating physician when the opinion is internally inconsistent with his own treatment notes, other medical evidence in the record, and the plaintiff's testimony); see also Karlstrom v. Berryhill , No. 16-CV-00586F, 2018 WL 4784557 , at *6, 2018 U.S. Dist.
discussed Cited "see, e.g." Malone v. O'Malley
S.D.N.Y. · 2025 · signal: see also · confidence medium
Id.; see also Domm v. Colvin, 579 F. App’x 27, 29 (2d Cir. 2014) (affirming an ALJ’s denial of disability when the opinion was supported by substantial evidence and the ALJ applied the correct legal standards, despite a failure to perform a function-by-function assessment).
cited Cited "see, e.g." Camelio v. Commissioner of Social Security
W.D.N.Y. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014).
cited Cited "see, e.g." Sasso v. Commissioner of Social Security
W.D.N.Y. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014).
discussed Cited "see, e.g." Schillinger v. Commissioner of Social Security
N.D.N.Y. · 2022 · signal: see also · confidence medium
Richardson v. Perales, 402 U.S. 389, 401 (1971); see also Domm v. Colvin, 579 F. App’x 27, 28 (2d Cir. 2014) (ALJ may discount the opinion of a treating physician when the opinion is internally inconsistent with his own treatment notes, other medical evidence in the record, and the plaintiff’s testimony) .
cited Cited "see, e.g." Clark v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see also · confidence medium
See Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004); see also Domm v. Colvin, 579 Fed.
cited Cited "see, e.g." Sirris v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see also · confidence medium
See Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir. 2004); see also Domm v. Colvin, 579 Fed.
discussed Cited "see, e.g." Coleman v. Comm'r of Soc. Sec.
W.D.N.Y. · 2018 · signal: see also · confidence low
Oct. 29, 2018) ("An ALJ may properly discount even a treating physician's opinion due to its inconsistency [with], among other things, the source's own treatment notes"); see also Domm v. Colvin , 579 F. App'x 27 , 28 (2d Cir. Sept. 2014) (ALJ may discount the opinion of a treating physician when the opinion is internally inconsistent, inconsistent with other evidence, and inconsistent with the plaintiff's testimony).
discussed Cited "see, e.g." Perozzi v. Berryhill
S.D. Ill. · 2018 · signal: see, e.g. · confidence low
See , e.g. , Domm v. Colvin , 579 Fed.Appx. 27 , 28 (2d Cir. 2014) (summary order) ("Here, the ALJ pointed to substantial evidence for giving the narrative statement of [claimant's] treating physician ... only probative weight, noting that [the physician's] restrictive assessment was inconsistent with ... [claimant's] testimony regarding her daily functioning."); Roma v. Astrue , 468 Fed.Appx. 16 , 19 (2d Cir. 2012) (summary order) (not error for an ALJ to use a claimant's participation in a "broad range of light, non-stressful activities" as evidence contradicting a treating source's opinion)…
Retrieving the full opinion text from the archive…
Janice Elizabeth DOMM, Plaintiff-Appellant,
v.
Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant-Appellee
13-4217-cv.
Court of Appeals for the Second Circuit.
Sep 23, 2014.
579 F. App'x 27
Kenneth R. Hiller, Law Offices of Kenneth Hiller, PLLC, Amherst, NY, for plaintiff-appellant., Sergei Aden, Special Assistant United States Attorney, Stephen P. Conte, Office of the General Counsel, Social Security Administration, New York, NY, William J. Hochul, Jr., United States Attorney, Western District of New York, Buffalo, NY, on the brief, for defendant-appellee.
Cabranes, Pooler, Lohier.
Cited by 37 opinions  |  Unpublished

SUMMARY ORDER

Plaintiff-appellant Janice Elizabeth Domm (“Domm”) appeals from a judgment upholding the decision of the Acting Commissioner of Social Security, Carolyn W. Colvin (the “Commissioner”), [1] that Domm was not entitled to disability benefits under the Social Security Act (the “Act”).

On February 5, 2010, Domm filed an application for disability insurance benefits, which was denied. Domm then requested a hearing before an administrative law judge (“ALJ”), which took place on August 19, 2011. On September 15, 2011, the ALJ denied Domm’s claim, finding her not disabled under the Act. Domm requested review by the Appeals Council, which denied her request on September 27, 2012. Domm then appealed to the District Court, which entered judgment for the Commissioner on August 29, 2013. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We review a district court’s judgment on the pleadings de novo. See Jasinski v. Barnhart, 341 F.3d 182, 184 (2d Cir.2003). Our review of a denial of social security disability benefits focuses on the administrative ruling rather than the district court’s decision. See Halloran v. Barnhart, 362 F.3d 28, 31 (2d Cir.2004). We evaluate whether the decision was “supported by substantial evidence,” which means “more than a mere scintilla ...[*28] [and as much as] a reasonable mind might accept as adequate to support a conclusion.” Id. (internal quotation marks omitted). Once an ALJ finds facts, the court “can reject those facts only if a reasonable factfinder would have to conclude otherwise” Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir.2012) (citations and internal quotation marks omitted). In deciding whether substantial evidence exists, the court “defer[s] to the Commissioner’s resolution of conflicting evidence.” Cage v. Comm’r of Soc. Sec., 692 F.3d 118, 122 (2d Cir.2012). We also determine whether incorrect legal standards were applied. See Cichocki v. Astrue, 729 F.3d 172, 176 (2d Cir.2013).

To qualify for social security benefits, a claimant must prove “disability,” which is defined as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). A claimant is considered disabled if his or her physical and/or mental impairment prevents him or her from engaging not only in prior work, but also in any suitable work that exists in the national economy. Id. § 423(d)(2)(A).

A Social Security Administration regulation promulgated by the Commissioner created a five-step evaluation process that is used to determine if a claimant is entitled to disability benefits. See 20 C.F.R. § 404.1520(a)(4). Applying that process, the ALJ found that Domm retained the residual functional capacity to perform sedentary work as defined in 20 C.F.R. § 404.1567(a), except that she needed a sii/stand option; could not climb stairs or be exposed to chemicals, fumes, or other irritants; and had to be able to be off task for five percent of the day to stabilize her sugar levels.

On appeal, Domm argues that the ALJ erred by not following the “treating physician rule,” which “generally requires a measure of deference to the medical opinion of a claimant’s treating physician.” Halloran, 362 F.3d at 31. However, “the opinion of the treating physician is not afforded controlling weight where ... the treating physician issued opinions that are not consistent with other substantial evidence in the record, such as the opinions of other medical experts.” Id. at 32 (citing Veino v. Barnhart, 312 F.3d 578, 588 (2d Cir.2002)). Here, the ALJ pointed to substantial evidence for giving the narrative statement of Domm’s treating physician, Dr. Blackburn, only probative weight, noting that Blackburn’s restrictive assessment was inconsistent with his own treatment notes, with the conclusions of other medical experts, and with Domm’s testimony regarding her daily functioning.

However, we remind the Commissioner that where a treating physician’s opinion is not given controlling weight, the regulations direct the ALJ to explain in the decision the weight given to the opinions of nonexamining state agency consultants, treating sources, nontreating sources, and other nonexamining sources. 20 C.F.R. § 404. 1527(e)(2)(h). Here, the ALJ gave the opinion of Domm’s consulting physician, Dr. Boehlert, significant weight. As we have previously cautioned, “ALJs should not rely heavily on the findings of consultative physicians after a single examination.” Selian v. Astrue, 708 F.3d 409, 419 (2d Cir.2013); Cruz v. Sullivan, 912 F.2d 8, 13 (2d Cir.1990).

Domm also alleges that the ALJ erred by failing to make a function-by-function[*29] assessment of her limitations. But, as we have noted, “[w]here an ALJ’s analysis ... regarding a claimant’s functional limitations and restrictions affords an adequate basis for meaningful judicial review, applies the proper legal standards, and is supported by substantial evidence such that additional analysis would be unnecessary or superfluous, ... remand is not necessary merely because an explicit function-by-function analysis was not performed.” Cichocki, 729 F.3d at 177.

Having conducted a plenary review of the administrative record, we conclude that the Commissioner’s decision was supported by substantial evidence, and did not involve an incorrect application of legal standards. We affirm, substantially for the reasons articulated by the District Court in its Decision and Order. See Domm v. Colvin, No. 12 Civ. 6640, 2013 WL 4647643 (W.D.N.Y. Aug. 29, 2013).

CONCLUSION

We have considered all of Domm’s arguments on appeal and find them to be without merit. Accordingly, we AFFIRM the August 29, 2013 decision of the District Court.

1

. Carolyn W. Colvin became the Acting Commissioner of Social Security in February 2014, and accordingly is the appellee in this action. When we refer to the "Commissioner,” we refer to the office and to its occupant at the relevant time.