Britt v. Astrue, 486 F. App'x 161 (2d Cir. 2012). · Go Syfert
Britt v. Astrue, 486 F. App'x 161 (2d Cir. 2012). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 5 distinct courts.
Strongest positive: Eakman v. Commissioner of Social Security (nywd, 2020-11-19)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Eakman v. Commissioner of Social Security
W.D.N.Y. · 2020 · quote attribution · 1 verbatim quote · confidence high
britt's argument is without merit because he did not furnish the alj with any medical evidence showing how these alleged impairments limited his ability to work.
discussed Cited as authority (verbatim quote) Monter v. Commissioner of Social Security
W.D.N.Y. · 2020 · quote attribution · 1 verbatim quote · confidence high
britt's argument is without merit because he did not furnish the alj with any medical evidence showing how these alleged impairments limited his ability to work.
discussed Cited as authority (rule) Difiglia v. Commissioner of the Social Security Administration
E.D.N.Y · 2024 · confidence medium
See, e.g., Browne, 131 F. Supp. 3d at 102 (ALJ did not err in failing to address obesity when record was “devoid of any evidence” that obesity limited plaintiff’s ability to function); Britt v. Astrue, 486 F. App'x 161, 163 (2d Cir. 2012) (summary order) (ALJ did not err in determining that obesity was not a severe impairment where the claimant “did not furnish the ALJ with any medical evidence showing how the[] alleged impairment[] limited his ability to work”); Mancuso v. Astrue, 361 F. App'x 176, 178 (2d Cir. 2010) (summary order) (ALJ did not err in consideration of obesity where…
discussed Cited as authority (rule) Evens v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Britt v. Astrue, 486 F. App’x 161, 163 (2d Cir 2012) (identifying no error in ALJ’s step two finding of non-severe impairments, where Britt failed to furnish any medical evidence showing how his impairments limited his ability to work).
discussed Cited as authority (rule) Schroeder v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
See 20 C.F.R. § 404.1520 (c) (If you do not have any impairment or combination of impairments which significantly limits your physical or mental ability to do basic work activities, we will find that you do not have a severe impairment and are, therefore, not disabled.); Social Security Ruling (“SSR”) 96-3p, Considering Allegations of Pain and Other Symptoms in Determining Whether a Medically Determinable Impairment is Severe, 1996 WL 374181 , at *1 (SSA July 2, 1996); Britt v. Astrue, 486 F. App’x 161, 163 (2d Cir. 2012) (identifying no error in ALJ’s step two finding of non-severe i…
discussed Cited as authority (rule) Shipp v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Accordingly, Plaintiff did not meet her “burden for proving a disability,” Firpo v. Chater, 100 F.3d 948 , 1996 WL 49258 , at *2 (2d Cir. 1996) (unpublished) (citing 20 C.F.R. § 404.1512 (a),(c)), in regard to back pain and hypertension with edema—‘[she] did not furnish the ALJ with any medical evidence showing how these alleged impairments limited [her] ability to work,” Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012).
cited Cited as authority (rule) May v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Astrue, 486 F. App’x 161, 163 (2d Cir. 2012).
cited Cited as authority (rule) Pereira v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Conn. 2015) (citing Britt v. Astrue, 486 F. App’x 161, 163 (2d Cir. 2012) (summary order)), report and recommendation adopted by, 2016 WL 543102 (D.
cited Cited as authority (rule) Sanchez v. Commissioner of Social Security
W.D.N.Y. · 2020 · confidence medium
Conn. 2015) (citing Britt v. Astrue, 486 F. App’x 161, 163 (2d Cir. 2012) (summary order)), report and recommendation adopted by, 2016 WL 543102 (D.
discussed Cited "see" Callaghan v. Kijakazi
D. Conn. · 2022 · signal: see · confidence high
See Britt v. Astrue, 486 F. App'x 161, 163 (2d Cir. 2012) (holding that plaintiff's argument that ALJ should have found certain impairments severe was “without merit” when the plaintiff “did not furnish the ALJ with any medical evidence showing how the[] alleged impairments limited his ability to work.”) The Plaintiff asserts that the ALJ's step two "analysis consists of the ALJ indicating that the impairment are not severe, and then a cherry-picking of the record and supplanting her own opinions for that of Doctors and clinical evidence in the file." ECF No. 13-2 at 2-3.
discussed Cited "see" Williams Boswell v. Commissioner of Social Security
S.D.N.Y. · 2022 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 163 (2d Cir. 2012) (holding that the ALJ did not err in determining that obesity was not a severe impairment where the plaintiff “did not furnish the ALJ with any medical evidence showing how the [] alleged impairment[] limited his ability to work”); Mancuso v. Astrue, 361 F. App’x 176, 178 (2d Cir. 2010) (finding that the ALJ did not err in failing to adequately consider the effects of obesity where “there [was] no factual basis for thinking that ‘any additional and cumulative effects of obesity’ limited [the plaintiff]’s ability to perfo…
discussed Cited "see" Tuzzolino v. Commissioner of Social Security
N.D.N.Y. · 2021 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable Social Security Rulings as evidence that the ALJ used the proper legal standard in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587 , at *6 (W.D.N.Y.
discussed Cited "see" Wilmarth v. Commissioner of Social Security
N.D.N.Y. · 2021 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable Social Security Rulings as evidence that the ALJ used the proper legal standard in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11- CV-388S, 2012 WL 2401587 , at *6 (W.D.N.Y.
discussed Cited "see" Lupe v. Commissioner of Social Security
N.D.N.Y. · 2021 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable Social Security Rulings as evidence that the ALJ used the proper legal standard in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587 , at *6 (W.D.N.Y.
discussed Cited "see" Basque v. Saul
N.D.N.Y. · 2020 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable SSRs as evidence that the ALJ used the proper legal standard in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587 , at *6 (W.D.N.Y.
discussed Cited "see" White v. Commissioner of Social Security
N.D.N.Y. · 2020 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable Social Security Rulings as evidence 16 that the ALJ used the proper legal standard in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587 , at *6 (W.D.N.Y.
discussed Cited "see" Bombard v. Commissioner of Social Security
N.D.N.Y. · 2020 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable Social Security Rulings as evidence that the ALJ used the proper legal standard 12 in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587 , at *6 (W.D.N.Y.
discussed Cited "see" Ellis v. Commissioner of Social Security
N.D.N.Y. · 2020 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable Social Security Rulings as evidence that the ALJ used the proper legal standard in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587 , at *6 (W.D.N.Y.
discussed Cited "see" Simley v. Kijakazi (2×)
E.D.N.Y · 2019 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 163 (2d Cir. 2012) (Summary Order).
discussed Cited "see" Pierro v. Commissioner of Social Security
S.D.N.Y. · 2019 · signal: see · confidence high
See Britt v. Astrue, 486 F. App’x 161, 163 (2d Cir. 2012) (no error in ALJ’s step two finding of non- severe impairments, where plaintiff failed to “furnish the ALJ any medical evidence showing how [his] alleged impairments limited his ability to work”).
discussed Cited "see" Browne v. Commissioner of Social Security
S.D.N.Y. · 2015 · signal: see · confidence high
See generally Britt v. Astrue, 486 Fed.Appx. 161, 163 (2d Cir.2012) (ALJ did not err in determining that obesity was not a severe impairment where the claimant “did not furnish the ALJ with any medical evidence showing how the[ ] alleged impairment! ] limited his ability to work”); Mancuso v. Astrue, 361 Fed.Appx. 176, 178 (2d Cir.2010) (ALJ did not err in consideration of obesity where “there [was] no factual basis for thinking that ‘any additional and cumulative effects of obesity’ limited [the claimant’s] ability to perform light work”) (quoting 20 C.F.R.
discussed Cited "see, e.g." Romero Ramirez v. Commissioner of Social Security
N.D.N.Y. · 2021 · signal: see also · confidence medium
See 20 C.F.R. § 404.1512 (a)(1) ("We will consider only impairment(s) you say you have or about which we receive evidence"); 20 C.F.R. § 416.921 ("[A] physical or mental impairment must be established by objective medical evidence from an acceptable medical source"); 42 U.S.C. § 423 (d)(5)(A) ("An individual's statement as to pain or other symptoms shall not alone be conclusive evidence of disability . . . there must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques"); see also Britt v. Astrue, 486 Fed.
Retrieving the full opinion text from the archive…
David L. BRITT, Sr., Plaintiff-Appellant,
v.
Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee
11-2241-cv.
Court of Appeals for the Second Circuit.
Jun 20, 2012.
486 F. App'x 161
Karen Southwick, (Howard D. Olinsky, Jaya Shurtliff, on the brief) Olinsky & Shurtliff, Syracuse, NY, for Plaintiff-Appellant., Sixtina Fernandez, Special Assistant United States Attorney, (Mary Ann Sloan, on the brief) for William J. Hochul, Jr., United States Attorney for the Western District of New York, Buffalo, NY, for Defendant-Appellee.
Hall, Carney, Berman.
Cited by 22 opinions  |  Unpublished

[*163] SUMMARY ORDER

Plaintiff-Appellant David L. Britt, Sr., appeals from a district court order affirming the Commissioner of Social Security’s denial of his application for disability insurance and supplemental security income benefits under the Social Security Act. We assume the parties’ familiarity with the underlying facts and procedural history of the case, including the findings of Administrative Law Judge (“ALJ”) Michael J. Friedman, which we reference only as necessary to explain our decision.

“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) (internal quotation marks and citation omitted). “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.” Burgess v. Astrue, 537 F.3d 117, 127 (2d Cir.2008) (internal quotation marks and citations omitted).

Under the Social Security Act a “disability” is an “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). To determine whether an individual is disabled, the Social Security Administration Commission created a five-step sequential evaluation process. 20 C.F.R. § 404.1520.

Britt argues that the ALJ erred at step two when he determined that Britt’s obesity and arthritis were not severe impairments. Britt’s argument is without merit because he did not furnish the ALJ with any medical evidence showing how these alleged impairments limited his ability to work. See 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1512(a).

Britt claims that the ALJ erred at step three when he found that Britt’s right knee impairment did not meet the requirements of Listing 1.02. To meet the requirements of Listing 1.02, Britt had to show that he had a major dysfunction of his knee. 20 C.F.R. Part 404, Subpart P, App. 1, Sec. 1.00(B)(2)(b)(l). Britt asserts that he suffered a “gross anatomical deficiency” in his right knee, but Dr. Colucci’s examination found only a “very slight degenerative change.” Similarly, Dr. Coluc-ci’s report regarding Britt’s tendinitis found that it was “improved” and that Britt’s knee was not “catching” or “giving way.” There was thus substantial evidence upon which the ALJ properly determined — as he explained in his decision— that Britt’s knee problem did not meet the qualifications of Listing 1.02.

Britt also argues that the ALJ’s residual functional capacity finding was unsupported by substantial evidence and that the ALJ neglected to apply and explain the “treating physician’s rule.” The ALJ, however, did have substantial evidence to support his residual functional capacity finding. That evidence was comprised of the reports and opinions of Dr. Colucci, Dr. Capicotto, and Dr. Coyle. Nor did the ALJ err in not affording treating physician Dr. Wadsworth’s report controlling weight. That report was written in 2009, and it did not relate Britt’s impairment to the 2001 to 2004 time period relevant to his claim. See Jones v. Sullivan, 949 F.2d 57, 60 (2d Cir.1991). It was also not consistent with other substantial evidence in the record. See Halloran v. Barnhart, 362 F.3d 28, 32 (2d Cir.2004).[*164] While we do not encourage an ALJ to omit providing reasons for not affording the treating physician’s views controlling weight, we will tolerate the omission when it is clear, as here, that the ALJ has applied the substance of the treating physician rule. Halloran, 362 F.3d at 32.

Britt claims that the ALJ did not use the proper legal standard to assess Britt’s credibility, but that argument is without merit. The ALJ explicitly stated that he had considered the factors enumerated in 20 C.F.R. § 404.1529 and Social Security Ruling 96-7p to determine that Britt’s reports of disabling levels of pain were inconsistent with other evidence in the record.

Lastly, Britt asserts that, because he had significant nonexertional limitations, the ALJ erred by failing to consult a vocational expert. Britt’s nonexertional limitations were his inability to kneel, squat, or climb stairs. These nonexertional limitations, however, are not significant in this context because they would not cause an additional loss of capacity for Britt to perform the sedentary work that the ALJ found Britt had the residual functional capacity to perform. See Zabala, 595 F.3d at 411; see also Social Security Ruling 96-9p.

We have considered Britt’s remaining arguments and find them without merit. Accordingly, the judgment of the district court is AFFIRMED.