Betances v. Comm'r of Soc. Sec., 206 F. App'x 25 (2d Cir. 2006). · Go Syfert
Betances v. Comm'r of Soc. Sec., 206 F. App'x 25 (2d Cir. 2006). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 1 distinct court.
Strongest positive: Laracuente v. Colvin (nysd, 2016-07-26)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Laracuente v. Colvin (2×)
S.D.N.Y. · 2016 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm'r of Soc.
discussed Cited as authority (rule) Chaparro v. Colvin (2×)
S.D.N.Y. · 2016 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm'r of Soc.
discussed Cited as authority (rule) Wilson v. Colvin (2×)
S.D.N.Y. · 2015 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
discussed Cited as authority (rule) Suarez v. Colvin (2×)
S.D.N.Y. · 2015 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
discussed Cited as authority (rule) Flanigan v. Colvin (2×)
S.D.N.Y. · 2014 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
discussed Cited as authority (rule) DiPalma v. Colvin (2×)
S.D.N.Y. · 2013 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
discussed Cited as authority (rule) DeJESUS v. Astrue (2×)
S.D.N.Y. · 2011 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
discussed Cited as authority (rule) Mezzacappa v. Astrue
S.D.N.Y. · 2010 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Rosa v. Callahan, 168 F.3d at 77; Tejada v. Apfel, 167 F.3d at 774. 7 *203 The claimant bears the burden of proof as to the first four steps; if the claimant meets the burden of proving that she cannot return to her past work, thereby establishing a prima facie case, the Commissioner then has the burden of proving the last step, that there is other work the claimant can perform considering not only her medical capacity but also her age, education and training.
cited Cited as authority (rule) Mejia v. Astrue
S.D.N.Y. · 2010 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
cited Cited as authority (rule) Rosado v. Astrue
S.D.N.Y. · 2010 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
cited Cited as authority (rule) Vella v. Astrue
S.D.N.Y. · 2009 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d Cir.2006); Surgeon v. Comm’r of Soc.
cited Cited as authority (rule) Gladden v. Commissioner of Social Security
S.D.N.Y. · 2008 · confidence medium
Sec., 206 Fed.Appx. 25, 26 (2d.
Retrieving the full opinion text from the archive…
Libertad BETANCES
v.
COMMISSIONER OF SOCIAL SECURITY
Docket No. 05-3602-cv.
Court of Appeals for the Second Circuit.
Nov 14, 2006.
206 F. App'x 25
Libertad Betances, Bronx, N.Y., plaintiff-Appellant pro se., Susan D. Baird, Assistant United States Attorney, (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief; Sara L. Shudofsky, Assistant United States Attorney, of counsel), New York, N.Y., for Defendant-Appellee.
Cardamone, Hon, Straub, Walker.
Cited by 12 opinions  |  Published

SUMMARY ORDER

Appellant Libertad Betances, pro se, appeals the judgment of the United States District Court for the Southern District of New York (Alvin K. Hellerstein, Judge) entered on April 28, 2005, granting the motion for judgment on the pleadings by the defendant-appellee, Commissioner of the Social Security Administration (the “Commissioner”), and affirming the Commissioner’s decision that Betances was not disabled and was able to return to her former employment. We assume the parties’ familiarity with the facts and the issues on appeal.

When reviewing determinations made by the Social Security Commissioner, this Court conducts a plenary review of the administrative record. See Schaal v. Apfel, 134 F.3d 496, 501 (2d Cir.1998). This Court’s review of the Commissioner’s deci[*26] sion is limited to determining whether the decision was supported by substantial evidence. See 42 U.S.C. § 405(g); Bubnis v. Apfel, 150 F.3d 177, 181 (2d Cir.1998). “Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Shaw v. Chater, 221 F.3d 126, 131 (2d Cir.2000) (internal quotation marks omitted).

“Disability” is defined by the Social Security Act (“Act”), in relevant part, 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). An individual can be found disabled under the Act “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 423(d)(2)(A). The claimant bears the burden of proving that she suffers from a disability and that her impairment prevents her from returning to her prior employment. See Balsamo v. Chater, 142 F.3d 75, 80 (2d Cir.1998). Moreover, “[a]n individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability.” 42 U.S.C. § 423(d)(5)(A).

The Social Security regulations set forth a five-step sequential evaluation for adjudicating claims for disability insurance and SSI benefits. See 20 C.F.R. §§ 404.1520, 416.920. The analysis proceeds as follows:

First, the [Commissioner] considers whether the claimant is currently engaged in substantial gainful activity. If he is not, the [Commissioner] next considers whether the claimant has a “severe impairment” which significantly limits his physical or mental ability to do basic work activities. If the claimant suffers such an impairment, the third inquiry is whether, based solely on medical evidence, the claimant has an impairment which is listed in Appendix 1 of the regulations. If the claimant has such an impairment, the [Commissioner] will consider him disabled without considering vocational factors such as age, education, and work experience; the [Commissioner] presumes that a claimant who is afflicted with a “listed” impairment is unable to perform substantial gainful activity. Assuming the claimant does not have a listed impairment, the fourth inquiry is whether, despite the claimant’s severe impairment, he has the residual functional capacity to perform his past work. Finally, if the claimant is unable to perform his past work, the [Commissioner] then determines whether there is other work which the claimant could perform.

Rivera v. Schweiker, 717 F.2d 719, 722 (2d Cir.1983). The claimant bears the burden of proving the first four elements and the Commissioner bears the burden on the fifth element. See Rosa v. Callahan, 168 F.3d 72, 77 (2d Cir.1999).

The Commissioner’s denial of Betances’s claim was supported by substantial evidence. Betances was employed as a daycare provider, which is classified as “light” work. The medical evidence presented demonstrated that Betances had the capacity to perform a job with that classification. Although Betances states in her brief, as she testified below, that she cannot lift any objects, this claim is contradicted by the medical evidence documented in the administrative record. The evidence presented at the hearing demonstrates[*27] that, at a minimum, Betances is able to lift 20 pounds occasionally, to lift 10 pounds frequently, and can stand and walk for up to six hours. These abilities allow her to perform occupations requiring “light” work.

For the foregoing reasons, the judgment of the District Court is hereby AFFIRMED.