Rivers v. Astrue, 280 F. App'x 20 (2d Cir. 2008). · Go Syfert
Rivers v. Astrue, 280 F. App'x 20 (2d Cir. 2008). Cases Citing This Book View Copy Cite
“ere diagnosis . . . without a finding as to the severity of symptoms and limitations does not mandate a finding of disability.”
107 citation events (107 in the last 25 years) across 8 distinct courts.
Strongest positive: Harbst v. Commissioner of Social Security (nywd, 2024-07-30)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Harbst v. Commissioner of Social Security
W.D.N.Y. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
mere diagnosis of without a finding as to the severity of symptoms and limitations does not mandate a finding of disability
discussed Cited as authority (verbatim quote) Spinato v. Commissioner of Social Security
E.D.N.Y · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
ere diagnosis . . . without a finding as to the severity of symptoms and limitations does not mandate a finding of disability.
cited Cited as authority (rule) Khyana B. v. Commissioner of Social Security
W.D.N.Y. · 2026 · confidence medium
Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008).
cited Cited as authority (rule) Fleming v. Commissioner of Social Security
W.D.N.Y. · 2025 · confidence medium
Rivers v. Astrue, No. 07—3104-cv, 280 F. App’x 20, 22-23 (2d Cir. May 28, 2008).
discussed Cited as authority (rule) Tucker v. Commissioner of Social Security
2d Cir. · 2025 · signal: cf. · confidence medium
Cf., e.g., Rivers v. Astrue, 280 F. App'x 20, 22 (2d Cir. 2008) (noting that a physician’s recommendation that claimant maintain her exercise regimen and enroll in physical therapy supported ALJ’s finding that fibromyalgia was not disabling). 8 opinions, their consistency with the record as a whole, and the doctors’ specialization.” Id.
discussed Cited as authority (rule) Boulter v. Colvin
N.D.N.Y. · 2024 · confidence medium
See 20 C.F.R. § 404.1529 (c)(3) (noting the consideration of m| “other evidence” in evaluating symptom testimony can include daily activities, treatment received for pain relief, and “other factors”); 20 C.F.R. § 404.1571 (noting that work a claimant has done during the disability period “may show that [the claimant is] able to work at the substantial gainful activity level”); Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008) (summary order) (affirming finding of non-disability where the evidence, including the plaintiff's work activities during the disability period, were n…
discussed Cited as authority (rule) Morales v. Commissioner of Social Security
W.D.N.Y. · 2024 · confidence medium
But the “mere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (citing Green-Younger, 335 F.3d at 104 (doctor diagnosed claimant with severe fibromyalgia, finding that in certain instances it could be debilitating)). 50.
cited Cited as authority (rule) Watson v. Kijakazi
S.D.N.Y. · 2024 · confidence medium
See Stanton v. Astrue, 370 F. App'x 231 , 233 n.1 (2d Cir. 2010); Rivers v. Astrue, 280 F. App'x 20, 23 (2d Cir. 2008).
discussed Cited as authority (rule) Kowalski v. Commissioner of Social Security
W.D.N.Y. · 2024 · confidence medium
See 20 C.F.R. § 404.1571 (even if the work a claimant had done was not substantial gainful activity, it may show that the claimant can do more work than she actually did); Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008) (while claimant’s work during the relevant period did not meet the threshold for substantial gainful activity, he worked at levels consistent with light work); Cabrero-Gonzalez v. Colvin, No. 13-CV-6184-FPG, 2014 WL 7359027 , at *19 (W.D.N.Y.
discussed Cited as authority (rule) Dingle v. Commissioner of Social Security
D. Conn. · 2024 · confidence medium
See Smith v. Berryhill, 740 F. App’x 721 , 726 (2d Cir. 2018) (holding that the claimant “had a duty to prove a more restrictive RFC, and failed to do so”); White v. Berryhill, 753 F. App’x 80 , 81 (2d Cir. 2019) (“In any event, because [the plaintiff] never specified how his obesity further limited his functioning, any error on the ALJ’s part was harmless.”); Rivers v. Astrue, 280 F. App’x 20, 22 (2d.
discussed Cited as authority (rule) Ting v. Commissioner of Social Security
E.D.N.Y · 2024 · confidence medium
(Tr. 361–62.) Nevertheless, the ALJ found Dr. Faust’s opinion unpersuasive (Tr. 27), despite it being corroborated by Plaintiff’s MRI records and Plaintiff’s testimony,14 and despite Dr. Faust being the only non-consultative treating doctor and 13 As previously noted, Dr. Faust’s November 10, 2022 Medical Source Statement indicates that Plaintiff received his first treatment from Dr. Faust on June 2, 2022 and his last treatment on September 13, 2022, but also lists the frequency of Plaintiff’s visits as “monthly.” (Tr. 361.) 14 While an ALJ is not “required to credit [a plain…
discussed Cited as authority (rule) Rushford v. Kijakazi
2d Cir. · 2023 · confidence medium
Though Rushford asserts that he was “diagnosed” with both conditions by NP Howell, Rushford Br. at 39, “[t]he mere diagnosis of [a condition] without a finding as to the severity of symptoms and limitations does not mandate a finding of disability,” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
cited Cited as authority (rule) Barone v. Kijakazi
S.D.N.Y. · 2023 · confidence medium
See 20 C.F.R. §§ 404.1571 , 416.971; Rivers v. Astrue, 280 F.App'x 20, 23 (2d Cir. May 28, 2008); Justin B. v. Comm'r of Soc.
discussed Cited as authority (rule) Steiner v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
As a general matter, however, “a mere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability.” Clasen v. Colvin, No. 3:13-CV-1390 (GLS/ESH), 2015 WL 1312548 , at *3 (Mar. 24, 2015) (citing Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir.2008) (summary order)).
discussed Cited as authority (rule) Parra v. Commissioner of Social Security
S.D.N.Y. · 2023 · confidence medium
Notably, however, “mere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability ….” Rivers v. Astrue, 280 F. App'x 20, 22 (2d Cir. 2008). “[F]or purposes of the disability analysis, the mere diagnosis of fibromyalgia is not particularly significant; it is the severity of the fibromyalgia symptoms and the limitations caused thereby that matter most.” Maldonado v. Berryhill, No. 16-CV-165 (JLC), 2017 WL 946329 , at *22 (S.D.N.Y.
discussed Cited as authority (rule) Weller v. Kijakazi
N.D.N.Y. · 2022 · confidence medium
July 30, 2020) (diagnosis alone without a finding as to the severity of symptoms and limitations does not mandate a finding of disability) (quoting Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008); Ogbunugafor v. Barnhart, No. 01 Civ.10961 (SAS), 2002 WL 31886260 , at *3 (S.D.N.Y.
discussed Cited as authority (rule) Dorf v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Courts generally recognize that fibromyalgia is a disabling impairment and that “there are no objective tests which can confirm the disease.” Green-Youger v. Barnhart, 335 F.3d 99, 108 (2d Cir. 2003) (quoting Preston v. Sec. of Health and Human Servs., 854 F.2d 815, 818 (6th Cir. 1988). “[M]ere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008); Green-Younger, 335 F.3d at 104 .
discussed Cited as authority (rule) Federico v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
June 29, 2017) (“Although an adjudicator may not rely on an absence of objective medical findings as the sole basis for assessing limitations related to fibromyalgia, there still must be some evidence other than Plaintiff’s unsubstantiated subjective reports of disability in order to merit a finding that fibromyalgia imposes disabling limitations.” (citing Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008))); see also Anysha M. v. Comm'r of Soc.
discussed Cited as authority (rule) Regelin v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2022 · confidence medium
While “a physical or mental impairment must be established by objective medical evidence from an acceptable medical source,” 20 C.F.R. § 416.921 , an acceptable medical source’s statement that a claimant suffers from an impairment is alone not sufficient to establish disability, see Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
discussed Cited as authority (rule) Vezina v. Commissioner of Social Security
D. Conn. · 2022 · confidence medium
Applicable Law Although “the subjective element of pain is an important factor to be considered in determining disability[,]” Mimms v. Heckler, 750 F.2d 180, 185 (2d Cir. 1984), an ALJ is not “required to credit [plaintiff’s] testimony about the severity of her pain and the functional limitations it caused.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
discussed Cited as authority (rule) Heuser v. Social Security
E.D.N.Y · 2022 · confidence medium
Sept. 23, 2020) (quoting Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008)), the ALJ must determine whether the plaintiff’s statements as to her limitations are consistent with the treatment record, see Correale-Englehart, 687 F. Supp. 2d 396, 435 (S.D.N.Y. 2010) (“The issue is . . . whether plaintiff’s statements about the intensity, persistence, or functionally limiting effects of her pain are consistent with the objective medical and other evidence.”).
cited Cited as authority (rule) Sterling v. Commissioner of Social Security
N.D.N.Y. · 2022 · confidence medium
June 25, 2019) (quoting Rivers v. Astrue, 280 Fed.
discussed Cited as authority (rule) Cain v. Commissioner of Social Security (2×) also: Cited "see, e.g."
W.D.N.Y. · 2022 · confidence medium
As with other illnesses, however, there are varying degrees of severity of fibromyalgia, and a “mere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability.” Rivers v. Astrue, 280 F. App'x 20, 22 (2d Cir. 2008); see also, id. (“Unlike the claimant in Green–Younger— whose doctor diagnosed her fibromyalgia as “severe” and the cause of marked limitations in the claimant's activities of daily living, the record in this case contains no such finding.
discussed Cited as authority (rule) Peterson v. Commissioner of Social Security
N.D.N.Y. · 2022 · confidence medium
June 14, 2018) (quoting Green-Younger, 335 F.3d at 108 ). “[M]ere diagnosis of fibromyalgia without a finding as to the severity of the symptoms and limitations,” however, “does not mandate a finding of disability.” Rivers v. Astrue, 280 Fed.
discussed Cited as authority (rule) Napoleon v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
While the “mere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability,” Rivers v. Astrue, 280 F. App'x 20, 22 (2d Cir. 2008), “denying a fibromyalgia-claimant's claim of disability based in part on a perceived lack of objective evidence is reversible error,” Campbell v. Colvin, 2015 WL 73763 at *6.
discussed Cited as authority (rule) Simone v. Commissioner of Social Security
N.D.N.Y. · 2022 · confidence medium
As to whether plaintiff's radiculopathy constitutes a severe impairment, a “mere diagnosis . . . without a finding as to the severity of symptoms and limitations does not mandate a finding of disability[.]” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (Summary order).
discussed Cited as authority (rule) Whiting v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008) (noting that while plaintiff’s work during the relevant period did not meet the threshold for substantial gainful activity, he worked at levels consistent with light work).
discussed Cited as authority (rule) Fredericks v. Commissioner of the Social Security Administration
D. Conn. · 2021 · confidence medium
Applicable Law Although “the subjective element of pain is an important factor to be considered in determining disability[,]” Mimms v. Heckler, 750 F.2d 180, 185 (2d Cir. 1984), an ALJ is not “required to credit [plaintiff’s] testimony about the severity of her pain and the functional limitations it caused.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
discussed Cited as authority (rule) Eddy v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Accordingly, while the “mere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability,” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (summary order), “denying a fibromyalgia-claimant’s claim of disability based in part on a perceived lack of objective evidence is reversible error,” Campbell v. Colvin, 2015 WL 73763 at *6.
discussed Cited as authority (rule) King v. Kijakazi
D. Conn. · 2021 · confidence medium
Although “the subjective element of pain is an important factor to be considered in determining disability[,]” Mimms v. Heckler, 750 F.2d 180, 185 (2d Cir. 1984) (citation omitted), an ALJ is not “required to credit [plaintiff’s] testimony about the severity of [his] pain and the functional limitations it caused.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
discussed Cited as authority (rule) Foster v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
See 20 C.F.R. §§ 404.1571 , 416.971 (explaining that even if the work a claimant had done was not substantial gainful activity, it may show that the claimant can do more work than he actually did); Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008) (noting that while claimant’s work during the relevant period did not meet the threshold for substantial gainful activity, he worked at levels consistent with light work); Cabrero- Gonzalez v. Colvin, No. 13-CV-6184-FPG, 2014 WL 7359027 , at *19 (W.D.N.Y.
discussed Cited as authority (rule) Howard, Jr. v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2021 · confidence medium
See 20 C.F.R. §§ 404.1571 , 416.971 (explaining that even if the work a claimant had done was not substantial gainful activity, it may show that the claimant can do more work than he actually did); Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008) (noting that while claimant’s work during the relevant period did not meet the threshold for substantial gainful activity, he worked at levels consistent with light work); Cabrero-Gonzalez v. Colvin, No. 13-CV-6184-FPG, 2014 WL 7359027 , at *19 (W.D.N.Y.
discussed Cited as authority (rule) Dean v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2021 · confidence medium
See Smith v. Berryhill, 740 F. App’x 721 , 726 (2d Cir. 2018) (holding that the claimant “had a duty to prove a more restrictive RFC, and failed to do so”); White, 753 F. App’x at 81 (“In any event, because [the plaintiff] never specified how his obesity further limited his functioning, any error on the ALJ’s part [in failing to discuss a particular impairment at step two] was harmless.”); Rivers, 280 F. App’x at 22 (rejecting the argument that the ALJ did not adequately consider a plaintiff’s fibromyalgia diagnosis when the plaintiff presented no medical finding that the con…
discussed Cited as authority (rule) Munson v. Saul
D. Conn. · 2021 · confidence medium
Applicable Law Although “the subjective element of pain is an important factor to be considered in determining disability[,]” Mimms v. Heckler, 750 F.2d 180, 185 (2d Cir. 1984) (citation omitted), an ALJ is not “required to credit [plaintiff’s] testimony about the severity of her pain and the functional limitations it caused.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
cited Cited as authority (rule) Mines v. Saul
N.D.N.Y. · 2021 · confidence medium
Jan. 22, 2019) (citing Prince v. Astrue, 514 F. App'x 18, 20 (2d Cir. 2013) (summary order) and quoting Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. ° 2008) (summary order)).
cited Cited as authority (rule) Beecher v. Saul
N.D.N.Y. · 2021 · confidence medium
Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008).
discussed Cited as authority (rule) Holcomb v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Courts generally recognize that fibromyalgia is a disabling impairment and that “there are no objective tests which can confirm the disease.” Green-Younger v. Barnhart, 335 F.3d 99, 108 (2d Cir. 2003) (quoting Preston v. Sec. of Health and Human Servs., 854 F.2d 815, 818 (6th Cir. 1988)). “[M]ere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008); Green-Younger, 335 F.3d at 104 .
discussed Cited as authority (rule) Graham v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
See 20 C.F.R. §§ 404.1571 , 416.971 (“Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did.”); Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir, 2008) (the plaintiff’s work activity during the relevant period “support[ed] the ALJ’s conclusion that [the plaintiff] had the residual functional capacity . . . to perform a full range of light work during the relevant periods”).
cited Cited as authority (rule) Kraft v. Saul
N.D.N.Y. · 2020 · confidence medium
Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008).
discussed Cited as authority (rule) Soto v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
(Id. at 54.) While an ALJ is not “required to credit [a plaintiff]’s testimony about the severity of [his] pain and the functional limitations it cause[s],” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (summary order), the ALJ does not have unbounded discretion in choosing to reject it; instead, the ALJ must determine whether a Plaintiff’s statements as to his pain and limitations are consistent with the objective medical evidence, see Correale-Englehart v. Astrue, 687 F. Supp. 2d 396, 435 (S.D.N.Y. 2010) (“The issue is . . . whether plaintiff’s statements about the inten…
discussed Cited as authority (rule) Johnson v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
While an ALJ is not “required to credit [a plaintiff’s] testimony about the severity of her pain and the functional limitations it cause[s,]” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (summary order), the ALJ does not have unbounded discretion in choosing to reject it; instead, the ALJ must determine whether a plaintiff’s statements are consistent with the objective medical evidence, see Correale-Englehart v. Astrue, 687 F. Supp. 2d 396, 435 (S.D.N.Y. 2010).
discussed Cited as authority (rule) Scatola v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
While an ALJ is not “required to credit [a plaintiff’s] testimony about the severity of [his] pain and the functional limitations it cause[s],” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (summary order), the ALJ does not have unbounded discretion in choosing to reject it and must determine whether a Plaintiff’s statements as to his pain are consistent with the objective medical evidence, see Correale-Englehart, 687 F. Supp. 2d at 435 .
discussed Cited as authority (rule) Jenkins v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
While an ALJ is not “required to credit [a plaintiff]’s testimony about the severity of her pain and the functional limitations it cause[s],” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (summary order), the ALJ does not have unbounded discretion in choosing to reject it; instead, the ALJ must determine whether a Plaintiff’s statements as to her pain are consistent with the objective medical evidence, see Correale-Englehart v. Astrue, 687 F. Supp. 2d 396, 435 (S.D.N.Y. 2010) (“The issue is . . . whether plaintiff’s statements about the intensity, persistence, or functiona…
discussed Cited as authority (rule) Rathbone v. Commissioner of Social Security
D. Vt. · 2020 · confidence medium
Although several examining physicians have diagnosed Plaintiff with ADHD,? “mere diagnosis . . . without a finding as to the severity of symptoms and limitations does not mandate a finding of disability[.]” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (summary order).
discussed Cited as authority (rule) White v. Commissioner of Social Security
N.D.N.Y. · 2020 · confidence medium
No. 9 at 15-17), a “mere diagnosis of fibromyalgia without a finding as 8 to the severity of symptoms and limitations does not mandate a finding of disability,” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (citation omitted), and the Commissioner “cannot rely upon the physician’s diagnosis alone,” SSR 12-2P, 2012 WL 3017612 , at *2.
discussed Cited as authority (rule) Blair v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
(Tr. 14, 123, 129.) Although the ALJ found that plaintiff’s work was not substantial gainful activity, she still properly considered it in determining that plaintiff had the ability to work. 20 C.F.R. § 404.1571 (“Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did.”) See also Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008) (summary order) (the claimant’s work did not meet the threshold for substantial gainful activity, but he worked at levels consistent with light work).
cited Cited as authority (rule) Pezza v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
The “mere diagnosis of fibromyalgia without evidence as to the severity of symptoms and limitations does not mandate a finding of disability.” Rivers v. Astrue, 280 F. App'x 20, 22 (2d Cir. 2008).
discussed Cited as authority (rule) Wascholl v. Saul
D. Conn. · 2020 · confidence medium
Applicable Law Although “the subjective element of pain is an important factor to be considered in determining disability[,]” Mimms v. Heckler, 750 F.2d 180, 185 (2d Cir. 1984) (citation omitted), an ALJ is not “required to credit [plaintiff’s] testimony about the severity of her pain and the functional limitations it caused.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
discussed Cited as authority (rule) Poole v. Saul
D. Conn. · 2020 · confidence medium
Applicable Law Although “the subjective element of pain is an important factor to be considered in determining disability[,]” Mimms v. Heckler, 750 F.2d 180, 185 (2d Cir. 1984) (citation omitted), an ALJ is not “required to credit [plaintiff’s] testimony about the severity of her pain and the functional limitations it caused.” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008).
discussed Cited as authority (rule) Deberry v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
Plaintiff’s Self-Reported Functionality The ALJ stated that he considered Plaintiff’s “statements concerning the intensity, persistence and limiting effects of [his] symptoms” and found that they were “not entirely consistent with the medical evidence and other evidence in the record.” (Id. at 26.) While an ALJ is not “required to credit [a plaintiff’s] testimony about the severity of [his] pain and the functional limitations it cause[s],” Rivers v. Astrue, 280 F. App’x 20, 22 (2d Cir. 2008) (summary order), the ALJ does not have unbounded discretion in choosing to reject i…
Retrieving the full opinion text from the archive…
Beverly RIVERS
v.
Michael J. ASTRUE, Commissioner of Social Security
No. 07-3104-cv.
Court of Appeals for the Second Circuit.
May 28, 2008.
280 F. App'x 20
Mark Schneider, Plattsburgh, NY, for Plaintiff-Appellant., Jennifer S. Rosa, Special Assistant U.S. Attorney (Glenn T. Suddaby, United States Attorney for the Northern District of New York, Barbara L. Spivak, Chief Counsel-Region II Office of the General Counsel, Social Security Administration, on the brief), Syracuse, NY, for Defendant-Appellee.
Cited by 90 opinions  |  Published

SUMMARY ORDER

Plaintiff-appellant Beverly Rivers (“Rivers”) appeals from a judgment of the United States District Court for the Northern District of New York (Victor E. Bianchini, Magistrate Judge), dated July 9, 2007, affirming a decision of Administrative Law Judge (“ALJ”) Joseph F. Gibbons, dated October 19, 2005, which denied Rivers’s application for supplemental social security income (SSI) and disability benefits (DIB). We assume the parties familiarity with the facts and the extensive procedural history of this case.

The ALJ’s task in these proceedings was to determine whether Rivers had a “disability,” see 42 U.S.C. § 423(d)(1)(A), and therefore eligible for social security benefits for two periods — from September 1, 1978 to September 16, 1984, and from May 1, 1989 to October 31, 1995.[1] “When deciding an appeal from a denial of disability benefits, we focus on the administrative ruling rather than the district court’s opinion.” Green-Younger v. Barnhart, 335 F.3d 99, 105 (2d Cir.2003) (internal quotation marks omitted). We conduct a plena[*22] ry review of the administrative record to determine whether, considering the record as a whole, substantial evidence supports the Commissioner’s decision and the correct legal standards have been applied. See Shaw v. Chater, 221 F.3d 126, 131 (2d Cir.2000).

As an initial matter, we note that Rivers does not contest the ALJ’s determination that she was ineligible for DIB during the second period, from 1989 to 1995, because she failed to meet the insured status requirements at the time of her alleged onset of disability. Because Rivers did not apply for DIB for the first period, our review concerns only Rivers’s eligibility for SSI.

Contrary to Rivers’s allegations, the ALJ considered and credited the reports of Rivers’s treating physicians in evaluating the severity of her symptoms. For the period from 1978 to 1984, the ALJ considered the notes of four treating physicians and observed that their examinations of Rivers revealed mostly normal results. For example, on November 17, 1982, Dr. Azar found no historical or clinical evidence of neurological disease and noted that Rivers’s motor, coordination and sensory modalities were normal. On January 25, 1983, Dr. Cobus found no evidence of neurologic disease, and his only finding of abnormality was a restricted cervical range of motion. Dr. Nicknish diagnosed Rivers in 1977 with “decompensated low back type syndrome,” and his later treatment notes reflect Rivers’s complaints of pain, although his notes do not indicate that Rivers’s syndrome was of such severity as to be disabling. Indeed, Dr. Nicknish repeatedly prescribed outpatient physical therapy and Motrin to treat Rivers’s symptoms.

Similarly, the ALJ considered the evaluation of treating physicians for the period from 1989 to 1995. Rivers was diagnosed with diabetes in 1989, and she struggled to keep her insulin levels under control. Nevertheless, the record does not suggest that Rivers’s diabetes resulted in severe physical limitations on her ability to work. In addition, although Rivers asserts that the ALJ ignored her physicians’ conclusions that she suffered from fibromyalgia, the ALJ’s opinion reflects otherwise. The ALJ recognized that Drs. Davis and Hazard diagnosed Rivers as likely having fibromyalgia in 1994 and 1995. While we recognize that fibromyalgia is “a disease that eludes [objective] measurement,” see Green-Younger, 335 F.3d at 108, mere diagnosis of fibromyalgia without a finding as to the severity of symptoms and limitations does not mandate a finding of disability, see id. at 104 (physician diagnosing fibromyalgia stated that the condition “in certain instances can be debilitating”). Unlike the claimant in Green-Younger— whose doctor diagnosed her fibromyalgia as “severe” and the cause of marked limitations in the claimant’s activities of daily living, id. at 104 — the record in this case contains no such finding. Indeed, Dr. Davis indicated that Rivers should continue her exercise regimen on the Nordic-Track and treadmill and consult with a physical therapist to treat her chronic lower back pain and fibromyalgia.

Nor was the ALJ required to credit Rivers’s testimony about the severity of her pain and the functional limitations it caused. ‘Where there is conflicting evidence about a claimant’s pain, the ALJ must make credibility findings.” Snell v. Apfel, 177 F.3d 128, 135 (2d Cir.1999).[2] [*23] Here, the ALJ found that Rivers’s testimony was not credible, noting that clinical findings indicate only mild or slight symptoms and Rivers’s work activities were not consistent with those of “an individual suffering from disabling pain.” See SSR 96-7p, Titles II and XVI: Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual’s Statements (1996) (“A report of negative findings from the application of medically acceptable clinical and laboratory diagnostic techniques is one of the many factors that appropriately are to be considered in the overall assessment of credibility.”).

Rivers’s allegation that the ALJ failed to consider her impairments in combination was raised for the first time on appeal, and arguably is waived. In any event, this allegation is not supported by the record. The ALJ opinion evaluates and discusses Rivers’s ailments in combination, as did her treating physicians. Furthermore, the ALJ opinion recognizes that Rivers “suffered from severe musculoskeletal and endocrine impairments” during the relevant periods, but found that “said impairments failed to meet or equal the level of severity of any disabling condition contained in [the] Appendix.” This conclusion suggests that, contrary to Rivers’s assertion, the ALJ considered the cumulative effect of her impairments.

In sum, substantial evidence supports the ALJ’s conclusion, based on the record as a whole and application of the correct legal standards, that Rivers did not suffer from a disabling condition of comparable severity to those listed in Appendix 1, Sub-part P of Part 404 of the Social Security Regulations.

Substantial evidence also supports the ALJ’s conclusion that Rivers had the residual functional capacity (“RFC”) to perform a full range of light work during the relevant periods. See 20 C.F.R. §§ 404.1545, 404.1567(b) (describing standard for RFC to perform “light work”). Rivers was employed as a bartender for much of the first period, and as a clerk at a newsstand and waitress for much of the second period. Although none of her work during these periods constitutes “past relevant work” because Rivers did not earn enough to meet the threshold for “substantial gainful activity,” see 20 C.F.R. § 404.1560(b) (describing “past relevant work” by reference to periods of “substantial gainful activity”), Rivers met that threshold during 1988, when she was employed as a clerk at a newsstand[3] Because this position qualifies as “light work,” substantial evidence supports the ALJ’s conclusion that, during the relevant periods, Rivers did not qualify for benefits because she had the RFC to perform her past relevant work as a clerk.

For the foregoing reasons, we AFFIRM the district court’s judgment.

1

Rivers filed an application for SSI on September 25, 1978. On October 17, 1984, she filed for SSI and DIB. Rivers was denied both applications.

2

Although Rivers argues that the ALJ should not have made a credibility finding on remand, the remedial order in Dixon calls for a "full reopening” of cases and reevaluation pursuant to the five-step framework. This evaluation includes resolving any evidentiary conflicts and assessing the credibility of witnesses, including the claimant. See Carroll v. [*23] Sec'y of Health & Human Servs., 705 F.2d 638, 642 (2d Cir.1983). The district court thus did not abuse its discretion in this regard.

3

Rivers asserts that a substantial amount of her income in 1988 from New York State Disability, rather than earnings from her work as a clerk and a waitress, which could affect whether this period qualifies as past relevant work, Rivers was unable to introduce evidence to substantiate this assertion because the state agency destroys records after three years.