Bushey v. Colvin, 607 F. App'x 114 (2d Cir. 2015). · Go Syfert
Bushey v. Colvin, 607 F. App'x 114 (2d Cir. 2015). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 4 distinct courts.
Strongest positive: Hajrula v. Kijakazi (ctd, 2024-05-13)
Treatment trajectory · 2020 → 2026 · click a year to view as-of
2020 2023 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) Hajrula v. Kijakazi
D. Conn. · 2024 · confidence medium
And in Bushey v. Colvin, the claimant’s attorney made “insufficient efforts” to obtain the missing records, and on appeal she was unable to “point[] to any evidence . . . that was not included in the record but could have influenced the Commissioner’s decision.” 607 F. App’x 114, 115 (2d Cir. 2015 (summary order).
cited Cited as authority (rule) Reales v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
See 20 C.F.R. 416.912(d); Bushey v. Colvin, 607 F. App’x 114, 115 (2d Cir. 2015).
discussed Cited as authority (rule) Notley v. Commissioner of Social Security
N.D.N.Y. · 2022 · confidence medium
Mar. 21, 2016)(“The Second Circuit has defined substantial evidence as ‘more than a mere scintilla, and as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’”)(quoting Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015))(citation and internal quotation marks omitted).
cited Cited as authority (rule) Glover v. Commissioner of Social Security
S.D.N.Y. · 2022 · confidence medium
Mar. 21, 2016) (quoting Bushey v. Colvin, 607 F. App’x 114, 115 (2d Cir. 2015)) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) Tarbania v. Commissioner of Social Security
N.D.N.Y. · 2021 · confidence medium
Mar. 21, 2016)(“The Second Circuit has defined substantial evidence as ‘more than a mere scintilla, and as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’”)(quoting Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015))(citation and internal quotation marks omitted).
discussed Cited as authority (rule) Wildrick v. Commissioner of Social Security
W.D.N.Y. · 2021 · signal: cf. · confidence medium
Cf Bushey v. Colvin, 607 F. App’x 114, 115 (“[The plaintiff] has not pointed to any evidence subsequent to [the application date] that was not included in the record but could have influenced the Commissioner's decision.”); Morris v. Berryhill, 721 F. App’x 25 , 27-28 (2d Cir. 2018) (summary order) (explaining that the mere “theoretical possibility” of missing records that might be probative of disability “does not establish that the ALJ failed to develop a complete record”).
discussed Cited as authority (rule) Young v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Further, the ALJ’s “obligation is lessened where, as here, the claimant is represented by counsel who makes insufficient efforts to incorporate earlier records, and, in any event, we find nothing in the record that would have given the Commissioner reason for such a belief.” Bushey v. Colvin, 607 F. App'x 114, 115-116 (2d Cir. 2015).
discussed Cited as authority (rule) Felix v. Commissioner of Social Security
N.D.N.Y. · 2020 · confidence medium
Mar. 21, 2016)(“The Second Circuit has defined substantial evidence as ‘more than a mere scintilla, and as such relevant evidence 16 as a reasonable mind might accept as adequate to support a conclusion.’”)(quoting Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015))(citation and internal quotation marks omitted).
cited Cited as authority (rule) Hill v. Commissioner of Social Security
S.D.N.Y. · 2020 · confidence medium
Mar. 21, 2016) (quoting Bushey v. Colvin, 607 F. App’x 114, 115 (2d Cir. 2015) (citation and internal quotation marks omitted).
cited Cited as authority (rule) Brown v. Saul
N.D.N.Y. · 2020 · confidence medium
Bushey v. Colvin, 607 Fed.
cited Cited "see" Owens v. Commissioner of Social Security
W.D.N.Y. · 2022 · signal: see · confidence high
See Bushey v. Colvin, 607 F. App’x 114, 116 (2d Cir. 2015); Tankisi v. Comm’r of Soc.
discussed Cited "see" Ingalls v. Commissioner of Social Security
W.D.N.Y. · 2022 · signal: see · confidence high
Representatives have an affirmative duty “to help obtain the information or evidence that the claimant must submit under [the] regulations and forward the information or evidence [to the Commissioner] for consideration as soon as practicable.” 20 C.F.R. § 416.1540 (b)(1); see Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015) (ALJ’s “obligation [to develop the record] is lessened where, as here, the claimant is represented by counsel who makes insufficient efforts to incorporate earlier records”).
discussed Cited "see" Printup, II v. Commissioner of Social Security
W.D.N.Y. · 2022 · signal: see · confidence high
Representatives have an affirmative duty “to help obtain the information or evidence that the claimant must submit under [the] regulations and forward the information or evidence [to the Commissioner] for consideration as soon as practicable.” 20 C.F.R. § 416.1540 (b)(1); see Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015) (ALJ’s “obligation [to develop the record] is lessened where, as here, the claimant is represented by counsel who makes insufficient efforts to incorporate earlier records”); see Rivera v. Berryhill, No. 3:18-CV-143, 2019 WL 1292490 , at *4 (D.
discussed Cited "see" Short v. Commissioner of Social Security (2×)
W.D.N.Y. · 2020 · signal: see · confidence high
Sec., 651 F.3d 299, 305 (2d Cir. 2011).3 Representatives have an affirmative duty “to help obtain the information or evidence that the claimant must submit under [the] regulations and forward the information or evidence [to the Commissioner] for consideration as soon as practicable.” 20 C.F.R. § 404.940 (b)(1); see Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015) (ALJ’s “obligation [to develop the record] is lessened where, as here, the claimant is represented by counsel who makes insufficient efforts to incorporate earlier records”); see Rivera v. Berryhill, No. 3:18-CV-143, …
discussed Cited "see" Glover v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
Representatives have an affirmative duty “to help obtain the information or evidence that the claimant must submit under [the] regulations and forward the information or evidence [to the Commissioner] for consideration as soon as practicable.” 20 C.F.R. § 416.1540 (b)(1); see Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015) (ALJ’s “obligation [to develop the record] is lessened where, as here, the claimant is represented by counsel who makes insufficient 4 EAJA fees may be denied to a prevailing plaintiff whose attorney's failure to “seek or produce critical medical records fr…
discussed Cited "see" Price v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
(T. 39); see Bushey v. Colvin, 607 F. App'x 114, 115-116 (2d Cir. 2015) (ALJ’s obligation to develop record is lessened where plaintiff was represented by counsel at all stages of her application process).
discussed Cited "see" Woods Jones v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015) (ALJ’s obligation to develop record is lessened where plaintiff is represented by counsel “who makes insufficient efforts” to complete the record and nothing in the record would indicate addition records were missing or necessary).
discussed Cited "see" Woods Jones v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Bushey v. Colvin, 607 F. App'x 114, 115 (2d Cir. 2015) (ALJ’s obligation to develop record is lessened where plaintiff is represented by counsel “who makes insufficient efforts” to complete the record and nothing in the record would indicate addition records were missing or necessary).
discussed Cited "see" Monter v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Bushey v. Colvin, 607 F. App'x 114, 115-116 (2d Cir. 2015) (ALJ not obligated to further develop record where plaintiff, who was represented by counsel, failed to pointed to any evidence not included in the record but could have influenced the decision, the plaintiff’s counsel made insufficient efforts to incorporate earlier records, and there was nothing in the record that would have given the Commissioner reason to believe records were missing).
discussed Cited "see, e.g." Sanders v. Commissioner of Social Security
W.D.N.Y. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Bushey v. Colvin, 607 F. App’x 114, 115-16 (2d Cir. 2015) (finding that there is less reason to believe that the missing records were necessary to reach a decision as to whether plaintiff was disabled when plaintiff’s counsel made little effort at the hearing level to obtain the records) citing DeChirico v. Callahan, 134 F.3d 1177, 1184 (2d Cir. 1998); see also Gonzalez v. Comm’r of Soc.
Retrieving the full opinion text from the archive…
Tina BUSHEY, Plaintiff-Appellant,
v.
Carolyn COLVIN, Commissioner of Social Security, Defendant-Appellee
14-3678-cv.
Court of Appeals for the Second Circuit.
Jun 25, 2015.
607 F. App'x 114
Mark Schneider, Esq:, Plattsburgh, NY, for Appellant., Joshua L. Kershner, Special Assistant United States Attorney- (Stephen P. Conte, of Counsel, Regional Chief Counsel — Region II, Office of thé General Counsel, Social Security Administration, on the brief), New York, NY, for Richard S. Har-tunian, United States Attorney for the, Northern District of New York, Syracuse, NY, for Appellee.
Winter, Leval, Raagi.
Cited by 22 opinions  |  Unpublished

SUMMARY ORDER

Plaintiff Tina Bushey challenges the district court’s affirmance of the Commissioner of Social Security’s 2013 denial of her application for disability benefits. [1] We review the administrative record de novo, but we will set aside the agency decision “only if the factual findings are not supported by substantial evidence or if the decision is based on legal error.” Burgess v. Astrue, 537 F.3d 117, 127 (2d Cir.2008) (citation and internal quotation marks omitted). We have defined “substantial evidence” as more than a “mere scintilla,” and as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Selian v. Astrue, 708 F.3d 409, 417 (2d Cir.2013) (internal quotation marks and alteration omitted). We assume the parties’ familiarity with the facts and record of prior proceedings, which we reference only as necessary to explain our decision to affirm.

On appeal, Bushey repeats the arguments she made to the district court. We reject those arguments largely for the reasons set forth in the district court’s thorough and well-reasoned opinion. See Bushey v. Colvin, No. 8:13-cv-777 (GTS), 2014 WL 4854984 (N.D.N.Y. Sept. 30, 2014).

We additionally note that many of Bush-ey’s arguments rely on evidence outside the record, which evidence we cannot consider in determining whether the Commissioner’s decision was supported by substantial evidence. See 42 U.S.C. § 405(g) (requiring decision “upon the pleadings and transcript of the record”); Selian v. Astrue, 708 F.3d at 417 (“In reviewing a final decision of the SSA, this Court is limited to determining whether the SSA’s conclusions were supported by substantial evidence in the record and were based on a correct legal standard.” (emphásis added)). Although we may remand a case to the Commissioner to consider additional evidence “upon a showing that there is new evidence. which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding,” 42 U.S.C. § 405(g), Bushey has not attempted to make such a showing here.

To the extent Bushey seeks remand on the ground that the Commissioner failed adequately to develop the record, that argument is meritless. The Commissioner was required to “develop a complete medical history of at least the preceding twelve months” from Bushey’s application date, i.e., through January 2010. 42 U.S.C. § 423(d)(5)(B); see also 20 C.F.R. § 404.1512(d)(2) (“By ‘complete medical history,’ we mean the records of your medical source(s) covering at least the 12 months preceding the month in which you file your application.”). Bushey has not pointed to any evidence subsequent to that date that was not included in the record but could have influenced the Commissioner’s decision. Moreover, although the Commissioner is required “to gather such information for a longer period if there was reason to believe that the information was-necessary to reach a decision,” that obligation is lessened where, as here, the claimant is represented by counsel who makes insufficient efforts to incorporate earlier records, and, in any event, we find nothing in the record that would have giv[*116] en the Commissioner reason for such a belief. DeChirico v. Callahan, 134 F.3d 1177, 1184 (2d Cir.1998). Finally, given the evidence discussed by the Administrative Law Judge (“ALJ”) relating to Bush-ey’s cognitive functioning — her writing ability, arithmetic skill, and self-reported performance of routine activities — the •Commissioner was not required to order an IQ test. See Rosa v. Callahan, 168 F.3d 72, 79 n. 5 (2d Cir.1999) (stating that “ALJ is under no obligation to seek additional information” unless there are “obvious gaps in the administrative record”).

We have considered Bushels remaining arguments and conclude that they are without merit. We therefore AFFIRM the judgment of the district court.

1

. The Commissioner denied an earlier application for benefits in 2010. That denial was affirmed by the district court and by this court on appeal. See Bushey v. Colvin, 552 Fed.Appx. 97 (2d Cir.2014) (summary order).