Vilardi v. Astrue, 447 F. App'x 271 (2d Cir. 2012). · Go Syfert
Vilardi v. Astrue, 447 F. App'x 271 (2d Cir. 2012). Cases Citing This Book View Copy Cite
“reliance on evidence demonstrating a worsening of her condition . . . is of little value, because she was required to demonstrate that she was disabled as of march 31, 2007, the date on which she was last insured.”
29 citation events (29 in the last 25 years) across 6 distinct courts.
Strongest positive: Melow v. Commissioner of Social Security (vtd, 2022-11-23)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Melow v. Commissioner of Social Security
D. Vt. · 2022 · quote attribution · 1 verbatim quote · confidence high
claimant's subjective report of symptoms is not controlling but must be supported by medical evidence.
examined Cited as authority (verbatim quote) Snoddy v. Commissioner of Social Security
E.D.N.Y · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
reliance on evidence demonstrating a worsening of her condition . . . is of little value, because she was required to demonstrate that she was disabled as of march 31, 2007, the date on which she was last insured.
discussed Cited as authority (rule) M. v. Commissioner of Social Security
E.D.N.Y · 2025 · confidence medium
Because Plaintiff must have been disabled as of the DLI, “reliance on evidence demonstrating a worsening of her condition after that date is of little value.” Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012).
discussed Cited as authority (rule) Michalakis v. O'Malley
E.D.N.Y · 2024 · confidence medium
(Tr. at 437.) Such an analysis was not improper, as “a physician's opinion may potentially be entitled to less weight if the examination occurred after the date last insured and no connection is made between the recent diagnosis and plaintiff's condition during the date last insured.” McAllister v. Colvin, 205 F. Supp. 3d 314 , 332 (E.D.N.Y. 2016) (citing Vilardi v. Astrue, 447 F. App'x 271, 272 (2d Cir. 2012) (summary order) (finding plaintiff's reliance on medical evidence demonstrating a worsening of her condition after the date last insured was of “little value”)).
discussed Cited as authority (rule) Bishop v. Commissioner of Social Security
E.D.N.Y · 2022 · confidence medium
Further, later-submitted records that postdate the relevant time period are not properly considered. “[E]vidence demonstrating a worsening of [the plaintiff’s] condition after [the relevant] date is of little value.” Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012).
discussed Cited as authority (rule) Taro v. Commissioner of Social Security (2×)
N.D.N.Y. · 2022 · confidence medium
Oct. 5, 2021) (citing Vilardi v. Astrue, 447 Fed.
discussed Cited as authority (rule) Fortune v. Commissioner of Social Security
E.D.N.Y · 2021 · confidence medium
The later-submitted records that postdate the relevant time period are not properly considered here. “[E]vidence demonstrating a worsening of [the plaintiff’s] condition after [the relevant] date is of little value.” Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012); see also Camacho v. Comm’r, No. 04–CV–2006, 2005 WL 3333468 (E.D.N.Y.
discussed Cited as authority (rule) Bowers v. Commissioner of Social Security
N.D.N.Y. · 2021 · confidence medium
In addition, the Second Circuit has said that, “[a Social Security] claimant’s subjective report of [his] symptoms is not controlling but must be supported by medical evidence.” Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012) (quoting 42 U.S.C. § 423 (d)(5)(A); 20 C.F.R. § 16 404.1529).
discussed Cited as authority (rule) Kohlhagen v. Commissioner of Social Security
W.D.N.Y. · 2020 · confidence medium
Further, “as long as substantial record evidence supports the ALJ’s determination of the facts... the Court must defer to the ALJ’s decision.” See Shirback, 2020 WL 247304 , at *6 (citing Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. Jan. 10, 2012)).
cited Cited as authority (rule) Perrone v. Berryhill
D. Conn. · 2019 · confidence medium
Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012). 3 issued a decision finding that the 2010 application was barred by res judicata.
discussed Cited as authority (rule) Cabibi v. Colvin
E.D.N.Y · 2014 · confidence medium
Mem., pg. 21.) As set forth by the Second Circuit, “[a] [Social Security] claimant’s subjective report of [his] symptoms is not controlling but must be supported by medical evidence.” Vilardi v. Astrue, 447 Fed.Appx. 271, 272 (2d Cir.2012) (quoting 42 U.S.C. § 423 (d)(5)(A); 20 C.F.R. § 404.1529 ).
discussed Cited as authority (rule) Box v. Colvin
E.D.N.Y · 2014 · confidence medium
(AR at 15.) Further, the ALJ stated that “[i]n terms of the [Plaintiffs] alleged inability to work due to an ACL tear of the right knee and arthritis, the evidence shows he has pain and stiffness with some restriction of activities, but none that would preclude him from performing at least light work.” (AR at 16.) The ALJ also added that “[i]n terms of the [Plaintiffs] inability to sit for prolonged periods, he testified that he sits comfortably to drive and uses his right leg.” (AR at 16.) “[A] claimant’s subjective report of [his] symptoms is not controlling but must be supported…
cited Cited "see" Luz S. v. Commissioner of Social Security
D. Conn. · 2026 · signal: see · confidence high
See Vilardi v. Astrue, 447 F. App’x 271 , 272 n.2 (2d Cir. 2012) (summary order) (holding that issues not raised on appeal are deemed waived).
discussed Cited "see" Anthony v. Saul (2×)
2d Cir. · 2025 · signal: see · confidence high
See Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012) (holding that evidence demonstrating a worsening condition after the date last insured “is of little value”).
cited Cited "see" Mentone v. Kijakazi
D. Conn. · 2025 · signal: see · confidence high
See Vilardi v. Astrue, 447 F. App’x 271 , 272 n.2 (2d Cir. 2012) (summary order) (holding that issues not raised on appeal are deemed waived).
cited Cited "see" George v. Commissioner of Social Security
D. Conn. · 2025 · signal: see · confidence high
See Vilardi v. Astrue, 447 F. App’x 271 , 272 n.2 (2d Cir. 2012) (summary order) (holding that issues not raised on appeal are deemed waived); see also Def.’s Br., ECF No. 21-1 at 6 n.6.
cited Cited "see" Wicklund v. Commissioner of Social Security
D. Conn. · 2024 · signal: see · confidence high
See Vilardi v. Astrue, 447 F. App’x 271 , 272 n.2 (2d Cir. 2012) (summary order) (holding that issues not raised on appeal are deemed waived).
discussed Cited "see" Giuliano v. Commissioner of Social Security
E.D.N.Y · 2023 · signal: see · confidence high
Sept. 5, 2019); see Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012) (plaintiff’s reliance on medical evidence demonstrating a worsening of her condition after the date last insured was of “little value”).
discussed Cited "see" Davis v. Commissioner of Social Security
W.D.N.Y. · 2021 · signal: see · confidence high
See Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012 ) (Summary Order) (noting that, because plaintiff “was required to demonstrate that she was disabled as of . . . the date on which she was last insured”, her reliance upon evidence post-dating her date last insured “is of little value”).
cited Cited "see" Sirris v. Commissioner of Social Security
W.D.N.Y. · 2020 · signal: see · confidence high
See Vilardi v. Astrue, 447 Fed.
discussed Cited "see" Schley v. Commissioner of Social Security
E.D.N.Y · 2020 · signal: see · confidence high
See Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012) (summary order) (“reliance on evidence demonstrating a worsening of [plaintiff’s] condition after [the date last insured] is of little value”).
discussed Cited "see, e.g." Matos v. Commissioner of Social Security
E.D.N.Y · 2025 · signal: see also · confidence medium
Dec. 12, 2002) (citing Arnone, 882 F.2d at 38 ) (emphasis added); see also Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012) (summary order) (stating “reliance on evidence demonstrating a worsening of [a claimant’s] condition after [the date last insured] is of little value”); Behling v. Comm’r of Soc.
discussed Cited "see, e.g." Blose v. Commissioner of Social Security
W.D.N.Y. · 2021 · signal: see also · confidence medium
“New evidence is not material if it is evidence of a later-acquired disability or of the subsequent deterioration of the previously non-disabling condition.” Cassera v. Sec’y of Health & Human Servs., 104 F.3d 355 , 355 (2d Cir 1996) (citing Szubak Sec’y of Health & Human Servs., 745 F.2d 831, 833 (3d Cir. 1984)); see also Vilardi v. Astrue, 447 F. App’x 271, 272 (2d Cir. 2012) (summary order) (finding that evidence from seven months after the relevant period “is of little value”); Guerra v. Colvin, 618 F. App’x 23, 23 (2d Cir. 2015) (summary order). concept of materiality requ…
discussed Cited "see, e.g." Morgan v. Commissioner of the Social Security Administration
E.D.N.Y · 2021 · signal: see, e.g. · confidence low
See, e.g., Vilardi v. Astrue, 447 Fed.Appx. 271 , No. 10-5097-cv, 2012 WL 48345 , at *1 (2d Cir. 2012) (holding that the claimant’s reliance on evidence demonstrating a worsening of her condition after the date on which she was last insured was of “little value” to counter the substantial evidence the ALJ relied on to determine that she retained the RFC to perform her past relevant work); Flanigan v. Colvin, 21 F.Supp.3d 285, 302 (S.D.N.Y. 2014) (affirming the ALJ’s decision to deny the claimant’s request for disability benefits because the ALJ found that the medical record was absen…
discussed Cited "see, e.g." Clarkson v. Berryhill
D. Conn. · 2020 · signal: see also · confidence medium
Appx. 63, 64 (2d Cir. 2014)(stating that evidence following plaintiff’s DLI is irrelevant if there is no reasonable possibility that such evidence would change the outcome of plaintiff’s application); see also Vilardi v. Astrue, 447 Fed.
Retrieving the full opinion text from the archive…
Tommasa VILARDI, Plaintiff-Appellant,
v.
Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee
10-5097-cv.
Court of Appeals for the Second Circuit.
Jan 10, 2012.
447 F. App'x 271
Tommasa Vilardi, pro se, Ridgewood, NY., Varuni Nelson and Kathleen A. Maho-ney, for Loretta E. Lynch, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.
Jacobs, Leval, Livingston.
Cited by 25 opinions  |  Unpublished

SUMMARY ORDER

Tommasa Vilardi, pro se, challenges (a) the grant, under Federal Rule of Civil Procedure 12(c), of a motion by the Commissioner of Social Security (“Commissioner”) to dismiss Vilardi’s action seeking ju-' dicial review of a final decision of the Commissioner, and (b) the denial of Vilar-di’s Rule 12(c) cross-motion. We assume the parties’ familiarity with the underlying facts, procedural history of the case, and issues on appeal.

“We review de novo a district court’s decision to grant a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).” Hayden v. Paterson, 594 F.3d 150, 160 (2d Cir.2010). “In reviewing a district court’s decision upholding a decision of the Commissioner, we ‘review the administrative record de novo to determine whether there is substantial evidence supporting the Commissioner’s decision and whether the Commissioner applied the correct legal standard.’ ” Zabala v. Astrue, 595 F.3d 402, 408 (2d Cir.2010) (quoting Machadio v. Apfel, 276 F.3d 103, 108 (2d Cir.2002)); see also 42 U.S.C. § 405(g) (providing that, if there is substantial evidence in the record to support the Commissioner’s findings, such findings are “conclusive”); Moran v. Astrue, 569 F.3d 108, 112 (2d Cir.2009) (“Substantial evidence means more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” (citation and inter[*272] nal quotation marks omitted)). “We therefore focus our attention on the administrative ruling rather than on the decision of the district court.” Pratts v. Chater, 94 F.3d 34, 37 (2d Cir.1996). However, “[i]t is not our function to determine de novo whether [a claimant] is disabled.” Id.

Ultimately, the determination of whether a claimant is disabled is “reserved to the Commissioner.” 20 C.F.R. § 404.1527(e). “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) (citations omitted). Likewise, a claimant’s subjective report of her symptoms is not controlling but must be supported by medical evidence. See 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529.

The administrative law judge (“ALJ”) found that Vilardi was not disabled because, despite her alleged impairments, she retained the residual functional capacity to perform her past relevant work. See 20 C.F.R. § 404.1520(a)(4)(iv). The ALJ cogently set forth his reasons for and the substantial evidence relied upon in discounting both Vilardi’s treating physician’s opinion and her alleged symptoms. On appeal, Vilardi primarily relies on a November 2007 doctor’s report and MRI. Vi-lardi’s reliance on evidence demonstrating a worsening of her condition after that date is of little value, because she was required to demonstrate that she was disabled as of March 31, 2007, the date on which she was last insured. See 42 U.S.C. § 423(a)(1)(A); Arnone v. Bowen, 882 F.2d 34, 38 (2d Cir.1989). Consequently, her reliance on evidence demonstrating a worsening of her condition after that date is of little value.

Vilardi points to a 1993 MRI and 2001 CT-scan, but both results pre-dated the alleged January 1, 2002 onset date of her disability. Moreover, she identifies no material errors in the ALJ’s factual findings that are relevant to the alleged medical conditions she raises on appeal. [2] In deciding whether substantial evidence exists, the Court must defer to the Commissioner’s resolution of conflicting evidence. See Clark v. Comm’r of Soc. Sec., 143 F.3d 115, 118 (2d Cir.1998). So even assuming that Vilardi’s conditions have arguable support in the record, the ALJ’s decision-to accord more weight to substantial evidence that conflicted with Vilardi’s treating physician’s opinion and her alleged symptoms-cannot be disturbed.

As to Vilardi’s request for oral argument, argument is unnecessary to dispose of this appeal. See Fed. R.App. P. 34(a)(2).

For the foregoing reasons, the judgment of the district court is hereby AFFIRMED and Appellant’s request for oral argument is DENIED.

2

. In her appellate brief, Vilardi does not raise any issue with regards to the ALJ’s findings concerning her chest pains, foot surgery, and toxoplasmosis. Accordingly, such issues are deemed waived. See LoSacco v. City of Middletown, 71 F.3d 88, 93 (2d Cir.1995).