Cosnyka v. Colvin, 576 F. App'x 43 (2d Cir. 2014). · Go Syfert
Cosnyka v. Colvin, 576 F. App'x 43 (2d Cir. 2014). Cases Citing This Book View Copy Cite
171 citation events (171 in the last 25 years) across 7 distinct courts.
Strongest positive: Andrew R. v. Commissioner of Social Security (nywd, 2026-03-06)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Andrew R. v. Commissioner of Social Security
W.D.N.Y. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
he vocational expert's opinion on whether there were jobs could perform varied depending on how the was defined.
examined Cited as authority (verbatim quote) Robert C. v. Commissioner of Social Security (3×) also: Cited "see", Cited "see, e.g."
W.D.N.Y. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
he vocational expert's opinion on whether there were jobs could perform varied depending on how the off-task time was defined.
examined Cited as authority (verbatim quote) Hughes v. Commissioner of Social Security (2×) also: Cited as authority (rule)
W.D.N.Y. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
because there is no substantial evidence for the alj's six-minute per hour formulation, and this formulation was crucial to the vocational expert's conclusion that there were jobs could perform, we cannot uphold the alj's decision to reject claim for benefits.
examined Cited as authority (verbatim quote) Reynolds v. Commissioner of Social Security (2×) also: Cited as authority (rule)
W.D.N.Y. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
because there is no substantial evidence for the alj's six-minute per hour formulation, and this formulation was crucial to the vocational expert's conclusion that there were jobs could perform, we cannot uphold the alj's decision to reject claim for benefits.
examined Cited as authority (verbatim quote) Miller v. Commissioner of Social Security (3×) also: Cited as authority (rule), Cited "see"
W.D.N.Y. · 2023 · quote attribution · 1 verbatim quote · confidence high
specific rfc assessments, like percentage of time off-task, must be based on evidence in the record, not on an 'alj's own surmise.
discussed Cited as authority (verbatim quote) Gonzalez Cruz v. Commissioner of Social Security
W.D.N.Y. · 2022 · quote attribution · 1 verbatim quote · confidence high
the determination that this "off-task" time translated to six minutes out of every hour, however, was not based on the record but was the result of the alj's own surmise.
examined Cited as authority (verbatim quote) Ferris v. Colvin (3×) also: Cited as authority (rule), Cited "see"
W.D.N.Y. · 2022 · quote attribution · 1 verbatim quote · confidence high
specific rfc assessments, like percentage of time off-task, must be based on evidence in the record, not on an 'alj's own surmise.
examined Cited as authority (verbatim quote) Ward v. Commissioner of Social Security (2×) also: Cited as authority (rule)
W.D.N.Y. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
because there is no substantial evidence for the alj's six-minute per hour formulation, and this formulation was crucial to the vocational expert's conclusion that there were jobs could perform, we cannot uphold the alj's decision to reject claim for benefits.
discussed Cited as authority (verbatim quote) Taylor v. Commissioner of Social Security (2×) also: Cited as authority (rule)
W.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
specific rfc assessments, like percentage of time off-task, must be based on evidence in the record, not on an 'alj's own surmise.
discussed Cited as authority (verbatim quote) Page v. Commissioner of Social Security (2×) also: Cited as authority (rule)
W.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
specific rfc assessments, like percentage of time off-task, must be based on evidence in the record, not on an 'alj's own surmise.
examined Cited as authority (verbatim quote) Austin v. Commissioner of Social Security (3×) also: Cited as authority (rule)
W.D.N.Y. · 2020 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
because there is no substantial evidence for the alj's six-minutes per hour formulation, and this formulation as crucial to the vocational expert's conclusion that there were jobs could perform, we cannot uphold the alj's decision to reject claim for benefits.
discussed Cited as authority (rule) Jacqueline C. v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2026 · confidence medium
However, while ALJs should indeed be careful not to formulate highly specific RFCs based solely on their “own surmise” (see Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014)), modest off-task findings such as the one at issue here are merely intended to reflect mild or effectively de minimis off-task limitations in deference to documented issues.
cited Cited as authority (rule) Kiersten D. v. Commissioner of Social Security
W.D.N.Y. · 2026 · confidence medium
Apr. 28, 2020) (quoting Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014)).
discussed Cited as authority (rule) Lisa J.H. v. Commissioner of Social Security
N.D.N.Y. · 2025 · confidence medium
With that in mind, courts have consistently found that a very specific or narrowly tailored RFC assessment must be based on evidence in the record, not on “the ALJ’s own surmise.” See Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014) (summary order) (remanding where there was no record evidence to support very specific RFC finding that Plaintiff would be off task for just six minutes every hour); Mariani v. Colvin, 567 Fed.
cited Cited as authority (rule) Stogsdill v. Commissioner of Social Security
W.D.N.Y. · 2025 · confidence medium
May 18, 2020), or unreasonably draw highly specific inferences from the nonspecific evidence, see, e.g., Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order).
discussed Cited as authority (rule) George v. Commissioner of Social Security (2×)
N.D.N.Y. · 2025 · confidence medium
With that in mind, courts have consistently found that a very specific or narrowly tailored RFC assessment must be based on evidence in the record, not on “the ALJ’s own surmise.” See Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014) (summary order) (remanding where there was no record evidence to support very specific RFC finding that Plaintiff would be off task for just six minutes every hour); Mariani v. Colvin, 567 Fed.App’x. 8, 10 (2d Cir. 2014) (summary order) (remanding where the record contained no evidence to support ALJ’s determination that plaintiff’s carpal tunnel s…
discussed Cited as authority (rule) Coles v. Commissioner of Social Security
E.D.N.Y · 2025 · confidence medium
Sept. 29, 2021) (finding ALJ erred by failing to address time-off task in light of record testimony indicating that the claimant would need to be off task “between 3 to 5 times per day, for up to 2 hours” for bathroom breaks); Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order) (remanding where ALJ’s finding that medical examiner’s testimony that claimant required 10 percent off task time during the work day translated into “six minutes out of every hour” was not based on substantial evidence); Bell v. Saul, 20-CV-2392 (MKB), 2021 WL 4248845 , at *4, 9 (E.D.N.Y.
discussed Cited as authority (rule) Drayton v. Commissioner of Social Security
E.D.N.Y · 2025 · confidence medium
There is “no evidence in the record to the effect that” Drayton could sit, stand, and walk up to six hours each, “rather than some other duration or frequency.” Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order) (remanding where no evidence demonstrated claimant could “perform sedimentary work if he could take a six-minute break every hour” and claimant “testified that he would need a 15-20 minute break”).
cited Cited as authority (rule) Frydrych v. Commissioner of Social Security
W.D.N.Y. · 2025 · signal: cf. · confidence medium
Cf. Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (Summary Order).
discussed Cited as authority (rule) Koehler v. Commissioner of Social Security
W.D.N.Y. · 2025 · confidence medium
For example, in Cosnyka v. Colvin, the ALJ found that the plaintiff would be “off-task” for ten percent of the workday based on the orthopedic examiner’s opinion that the plaintiff would need “regular comfort breaks,” but did not indicate the length of those breaks. 576 F. App’x 43, 46 (2d Cir. 2014).
discussed Cited as authority (rule) Horn v. Commissioner of Social Security
W.D.N.Y. · 2024 · confidence medium
Dec. 8, 2020) (“[t]he ALJ cites to no evidence in the record, medical or otherwise, suggesting that plaintiff would be off-task for this specific percentage of time”); Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order) (“[b]ecause there is no substantial evidence for the ALJ’s six-minute per hour formulation, and this formulation was crucial to the vocational expert’s conclusion that there were jobs [the plaintiff] could perform, we cannot uphold the ALJ’s decision to reject [his] claim for benefits”).
discussed Cited as authority (rule) Hardmon v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2024 · confidence medium
So just as remand was required in Tomicki, the similar facts and identical RFC finding here likewise require remand.6 See also Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 6 In finding that the record did not support the ALJ’s conclusion that Tomicki needed to switch between sitting and standing every thirty minutes, the court pointed to three pieces of evidence parallel to the evidence in this case: first, Tomicki’s testimony that she would need to switch between siting and standing every ten minutes; second, Tomicki’s statement to a physician that she needed to change positions ev…
cited Cited as authority (rule) Heddy v. Commissioner Of Social Security Of The United States
S.D.N.Y. · 2024 · confidence medium
In support of this argument, Plaintiff relies on Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014).
discussed Cited as authority (rule) White v. Commissioner of Social Security (2×)
W.D.N.Y. · 2024 · confidence medium
May 7, 2020) (quoting Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order)).
cited Cited as authority (rule) Quisenberry v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
Specific RFC assessments must be based on evidence in the record, not on an “ALJ’s own surmise.” Cosnyka v. Colvin, 576 Fed.
discussed Cited as authority (rule) Campbell v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2023 · confidence medium
An ALJ may not base such assessments on her “own surmise.” Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014) (remanding when ALJ incorporated a six-minute break time into the RFC without any supporting evidence).
cited Cited as authority (rule) Fye-Vanetten v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
Jan. 25, 2021) (Geraci, C.J.); Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary Order). 25.
discussed Cited as authority (rule) Jefferson v. Commissioner of Social Security
W.D.N.Y. · 2023 · signal: cf. · confidence medium
WL 17828844, *8 (W.D.N.Y. 2022) (“the ALJ must both identify evidence that supports h[er] conclusion and build an accurate and logical bridge from that evidence to h[er] conclusion[;] . . . [w]here courts are unable to fathom the ALJ’s rationale in relation to the evidence in the record, especially where credibility determinations and inference drawing is required by the ALJ, courts will not hesitate to remand for further findings or a clearer explanation for the decision”) (quotations and brackets omitted); cf. Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (finding no basis fo…
discussed Cited as authority (rule) Paniagua v. Commissioner of Social Security
S.D.N.Y. · 2023 · confidence medium
Very specific RFC assessments, such as limitations on off-task time, must be based on evidence in the record, rather than on “the ALJ’s own surmise.” See Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order). 1.
cited Cited as authority (rule) Allen v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
Nov. 26, 2019) (“Elder”) (italics added) (quoting Cosnyka v. Colvin, 576 Fed.Appx. 43, 46 (2d Cir. 2014) (“Cosnyka”)).
cited Cited as authority (rule) Ludwig v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
Nov. 26, 2019) (“Elder”) (italics added) (quoting Cosnyka v. Colvin, 576 Fed.Appx. 43, 46 (2d Cir. 2014) (“Cosnyka”)).
discussed Cited as authority (rule) Rosso v. Commissioner of Social Security (2×) also: Cited "see, e.g."
W.D.N.Y. · 2022 · confidence medium
In other words, “[s]pecific RFC assessments,” including “percentage of time spent off task during a workday, must be based on evidence in the record, not on an ‘ALJ’s surmise.’” See Tara, 2021 WL 4316824 , at *3 (quoting Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order)).
cited Cited as authority (rule) Sheehan v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014).
cited Cited as authority (rule) Critoph v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
(Id.); citing SSR 96-8p; citing Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014).
cited Cited as authority (rule) Rule v. Kijakazi
N.D.N.Y. · 2022 · confidence medium
As indicated, the Court agrees with Judge Peebles’s conclusions. 19 Plaintiff’s reliance on Cosnyka v. Colvin, 576 Fed.
discussed Cited as authority (rule) Rivers v. Saul
S.D.N.Y. · 2022 · confidence medium
Similarly, very specific RFC assessments, such as limitations on off- task time, must be based on evidence in the record, rather than on “the ALJ’s own surmise.” See Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order).
cited Cited as authority (rule) Diaz v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Nov. 26, 2019) (“Elder”) (italics added) (quoting Cosnyka v. Colvin, 576 Fed.Appx. 43, 46 (2d Cir. 2014) (“Cosnyka”)).
discussed Cited as authority (rule) Mabry v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Without such an explanation, the Court cannot “assess the validity of the agency’s ultimate findings and afford [the] claimant meaningful judicial review.” See Craft v. Astrue, 539 F.3d 668, 673 (7th Cir. 2008) (quoting Young v. Barnhart, 362 F.3d 995, 1002 (7th Cir.2004)). 576 F. App’x 43, 46 (2d Cir. 2014) (summary order) (The RFC must be based on evidence in the record, not on “the ALJ’s own surmise.”).
cited Cited as authority (rule) O'Connell v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014).
discussed Cited as authority (rule) Sanders v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014); see Perkins, 2018 WL 3372964 , at *3 (“It is unclear to the Court how the ALJ, who -10- is not a medical professional, came up with this highly specific RFC determination without a relevant medical opinion.”). in other words, “[a]n ALJ is prohibited from ‘playing doctor’ in the sense that an ALJ may not. substitute his own judgment for competent medical opinion.” Benman v. Commissioner of Social Security, 350 F. Supp.3d 252, 257 (W.D.N.Y. 2018) (internal quotation marks and citations omitted); see also, Balsamo v. Chater, 142 F…
discussed Cited as authority (rule) Dade v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
The Second Circuit in Johnson distinguished two cases cited by Plaintiff here, Mariani v. Colvin, 567 F. App’x 8, 10 (2d Cir. 2014) (Summary Order), Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (Summary Order), that the problems in the 2014 cases was the lack of evidentiary basis for the stated limitation, Johnson, supra, 669 F. App’x at 47 (Docket No. 19, Def.
discussed Cited as authority (rule) Johnson v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order) (remanding where ALJ “translated” medical evidence suggesting that the claimant would be off task “for ten percent of the workday” into a determination that the claimant would be off task “six minutes out of every hour” because “[t]here [was] no evidence in the record to the effect that [the claimant] would be able to perform sedentary work if he could take a six-minute break every hour, rather than some other duration and frequency amounting to ten percent of the workday”).
discussed Cited as authority (rule) Parmer v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2021 · confidence medium
Cosnyka, 576 Fed.
cited Cited as authority (rule) Long v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Jan. 25, 2021) (quoting Cosnyka v. Colvin, 576 F. App'x 43, 46 (2d Cir. 2014) (summary order).
cited Cited as authority (rule) Love v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
No. 13 at 15-19.) In support of her argument, Plaintiff relies on the holding in Cosnyka v. Colvin, 576 F. App'x 43, 45 (2d Cir. 2014).
discussed Cited as authority (rule) Hayes v. Commissioner of Social Security (2×)
W.D.N.Y. · 2021 · confidence medium
Moreover, “[a] very specific RFC assessment – such as the specific amount of time a claimant can spend on certain activities – must be based on evidence in the record, not on ‘the ALJ’s own surmise.’” Id. (quoting Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order)).
discussed Cited as authority (rule) Parker v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
May 7, 2020) (quoting Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order) (remanding where the ALJ “translated” medical evidence suggesting that the claimant would be off task “for ten percent of the workday” into a determination that the claimant would be off task “six minutes out of every hour” because “[t]here [was] no evidence in the record to the effect that [the claimant] would be able to perform sedentary work if he could take a six-minute break every hour, rather than some other duration and frequency amounting to ten percent of the workday.”)).
discussed Cited as authority (rule) Edwards v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2021 · confidence medium
May 7, 2020) (quoting Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order) (remanding where the ALJ “translated” medical evidence suggesting that the claimant would be off task “for ten percent of the workday” into a determination that the claimant would be off task “six minutes out of every hour” because “[t]here [was] no evidence in the record to the effect that [the claimant] would be able to perform sedentary work if he could take a six-minute break every hour, rather than some other duration and frequency amounting to ten percent of the workday.”)).
discussed Cited as authority (rule) Lucckino v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
So by discounting PA-C Larson’s opinions, the ALJ necessarily and improperly relied on her lay judgment to formulate the RFC.11 See Balsamo v. Chater, 142 F.3d 75, 81 (2d Cir. 11 A very specific RFC assessment—such as the specific amount of time a claimant can spend on certain activities—must be based on evidence in the record, not on “the ALJ’s own surmise.” Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order); see also Mariani v. Colvin, 576 F. A’ppx 8, 10 (2d Cir. 2014) (summary order) (holding that RFC to perform manipulation/fingering 50% of the time durin…
cited Cited as authority (rule) Sanchez v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Cosnyka v. Colvin, 576 F. App’x 43, 46 (2d Cir. 2014) (summary order).
Retrieving the full opinion text from the archive…
Steven R. COSNYKA
v.
Carolyn W. COLVIN, Commissioner Of Social Security
No. 13-3396-CV.
Court of Appeals for the Second Circuit.
Aug 21, 2014.
576 F. App'x 43
Jaya A. Shurtliff, Stanley Law Offices, Syracuse, NY, for Plaintiff-Appellant., Peter W. Jewett, Special Assistant U.S. Attorney; Stephen P. Conte, Regional Chief Counsel, Social Security Administration, for William J. Hochul, Jr., United States Attorney for the Western District of New York, New York, NY, for Defendant-Appellee.
Chin, Leval, Winter.
Cited by 98 opinions  |  Published

Plaintiff-appellant Steven Cosnyka appeals from the judgment of the district court entered July 8, 2013 affirming the Social Security Commissioner’s denial of his application for disability benefits. By decision and order entered July 3, 2013, the district court granted the Commissioner’s motion for judgment on the pleadings and denied Cosnyka’s motion for judgment on the pleadings. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal.

When deciding an appeal from a denial of disability benefits, “[w]e conduct a plenary review of the administrative record, and our focus is on the administrative ruling more than on the district court’s decision.” Selian v. Astrue, 708 F.3d 409, 417 (2d Cir.2013). Our review is limited to determining whether the conclusions of the Administrative Law Judge (the “ALJ”) were supported by “substantial evidence in the record and were based on a correct legal standard.” Talavera v. Astrue, 697 F.3d 145, 151 (2d Cir.2012). Substantial evidence “means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” Selian, 708 F.3d at 417, and “[t]he substantial evidence standard means once an ALJ finds facts, we can reject those facts only if a reasonable factfinder would have to conclude otherwise.” Brault v. Social Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir.2012) (internal quotation marks omitted) (emphasis in original).

Under the SSA, “disability” means an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... 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). “The impairment must be of ‘such severity that [the claimant] 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.’” Shaw v. Chater, 221 F.3d 126, 131-32 (2d Cir.2000) (quoting 42 U.S.C. § 423(d)(2)(A)). “Pursuant to regulations promulgated by the Commissioner, a five-step sequential evaluation process is used to determine whether the claimant’s condition meets the Act’s definition of disability.” Burgess v. Astrue, 537 F.3d 117, 120 (2d Cir.2008) (citing 20 C.F.R. § 404.1520).

[I]f the Commissioner determines (1) that the claimant is not working, (2) that he has a severe impairment, (3) that the impairment is not one that conclusively requires a determination of disability, and (4) that the claimant is not capable of continuing in his prior type of work, the Commissioner must find him disabled if (5) there is not another type of work the claimant can do.

[*45] Draegert v. Barnhart, 311 F.3d 468, 472 (2d Cir.2002) (internal quotation marks omitted).

Where, as here, a claimant’s impairments are not per se disabling under SSA regulations, the Commissioner must ascertain the claimant’s residual functional capacity (“RFC”). See 20 C.F.R. § 416.920(a)(4). “A claimant’s RFC is ‘the most [he] can still do despite [his] limitations.’ ” Genier v. Astrue, 606 F.3d 46, 49 (2d Cir.2010) (per curiam) (alteration in original) (quoting 20 C.F.R. § 416.945(a)(1)). The RFC is considered at step four in determining whether the claimant can perform his past work and at step five to determine if the claimant can perform other available work. See 20 C.F.R. § 416.920(e). The claimant bears the burden of proof as to the first four steps. Cichocki v. Astrue, 729 F.3d 172, 176 (2d Cir.2013) (per curiam). At step five, the Commissioner has the “limited burden” of “showfing] that there is work in the national economy that the claimant can do.” Poupore v. Astrue, 566 F.3d 303, 306 (2d Cir.2009) (per curiam).

The ALJ found that Cosnyka retained an RFC to “perform sedentary work as defined in 20 C.F.R. § 416.967(a) ... [and that] the claimant would be off task approximately 10% of the workday, which the undersigned defines as 6 minutes out of each hour.” (App.75). Relying upon the testimony of the vocational expert that being off-task six minutes out of every hour would not prevent Cosnyka from holding a job, the ALJ concluded that Cosnyka was not disabled under the SSA.

On appeal, Cosnyka argues that the ALJ: (a) failed to give Cosnyka’s treating physician’s opinion controlling weight; (b) relied on an unsupported RFC finding to interpret the vocational expert’s testimony; and (c) improperly assessed Cosnyka’s credibility.

A. The Treating Physician’s Opinion

Cosnyka first argues that the ALJ erred in rejecting the opinion of Dr. Calabrese, the treating physician, that Cosnyka was unable to maintain a regular work schedule because of his back pain and moderately limited ability to walk, stand, and sit.

An ALJ must give “controlling weight” to a treating physician’s opinion on the nature and severity of the claimant’s impairment when the opinion is well-supported by medical findings and consistent with other substantial evidence. 20 C.F.R. § 416.927(e)(2); see Poupore, 566 F.3d at 307. Here, the ALJ declined to give “controlling weight” to Dr. Calabrese’s opinion because it was “not fully supported by the evidence.” (Joint App. at 77; see, e.g., Joint App. at 42 (Cosnyka acknowledged he could ride stationary bicycle, walk approximately half mile, and sit for three hours “if [he] could shift around”)).

After reviewing the record, we conclude that the ALJ’s explanation for not according Dr. Calabrese’s opinion controlling weight was supported by substantial evidence. First, Dr. Calabrese’s “Medical Examination for Employability Assessment, Disability Screening, and Alcoholism/Drug Addiction Determination,” dated June 2, 2009, does not identify any clinical observations to support his conclusion.[1] The report, for example, indicates Cosynka had physical limitations that prevent him from attending work, but it does not reference a particular medical finding that substantiates this judgment. Second, Dr. Ca-labrese’s opinion is inconsistent with other medical evidence in the record. Physical[*46] examinations from late 2008 to January 2009 revealed a decreased range of motion of Cosnyka’s lumbar spine. These reports, however, also noted full muscle strength and normal sensation, and included no mention of significant trouble walking or sitting. In January 2009, Dr. Kelley, a consulting physician, found that Cosnyka required comfort breaks only when bending or twisting and when lifting, carrying, reaching, pushing, or pulling markedly heavy objects. Her report noted no other obvious limitations. Accordingly, we find no error in the ALJ’s failure to afford controlling weight to Dr. Calabrese’s opinion.

B. The Vocational Expert’s Testimony

Cosnyka next argues that the ALJ’s RFC finding and consequent interpretation of the vocational expert’s testimony was unsupported. We agree.

The ALJ determined that Cosnyka would be off-task for ten percent of the workday, based in part on the medical evidence detailed above. The determination that this “off-task” time translated to six minutes out of every hour, however, was not based on the record but was the result of the ALJ’s own surmise. Dr. Kathleen Kelley, an orthopedic examiner, reported that Cosnyka would require “regular comfort breaks,” but did not indicate the length of those breaks. (App.269). Cosnyka testified that he can sit for “[mjaybe up to three” hours if he can shift around in his seat, and that he would need more frequent breaks after that. (App.42). Cosnyka further testified that it would take him 15 or 20 minutes to walk off his pain. There is no evidence in the record to the effect that Cosnyka would be able to perform sedentary work if he could take a six-minute break every hour, rather than some other duration and frequency amounting to ten percent of the workday. Indeed, there is evidence in the record to the contrary, as Cosnyka testified that he would need a 15-20 minute break. Accordingly, we find that there was no basis for the ALJ to incorporate this “six minutes per hour” formulation into the RFC finding.

Moreover, the vocational expert’s opinion that there were jobs that Cosnyka could perform was based upon hypothetical questions involving the ALJ’s six-minutes per hour formulation. Indeed, the vocational expert’s opinion on whether there were jobs that Cosnyka could perform varied depending on how the off-task time was defined. For example, while the vocational expert testified that being off-task “six minutes [per hour] is not going to ... make or break an individual in” certain jobs, he also explained that being off-task for longer periods at a time would “begin to play negatively upon a person’s ability to remain employed.” (App.65-66). The record is unclear as to the length of individual breaks Cosnyka would need, and it is unclear as to the availability of jobs that could accommodate whatever breaks he needed.

Because there is no substantial evidence for the ALJ’s six-minutes per hour formulation, and this formulation was crucial to the vocational expert’s conclusion that there were jobs Cosnyka could perform, we cannot uphold the ALJ’s decision to reject Cosnyka’s claim for benefits. Further factfinding would “plainly help to assure the proper disposition” of Cosnyka’s claim. Rosa v. Callahan, 168 F.3d 72, 83 (2d Cir.1999).

C. The ALJ’s Credibility Assessment

In light of the need for further factfind-ing, we do not reach appellant’s remaining argument that the ALJ improperly rejected his subjective complaints of pain.

[*47] CONCLUSION

For the reasons stated above, we VACATE the judgment of the district court and REMAND with instructions to remand the matter to the Commissioner so that she can further develop the evidence to make an RFC finding and determine whether there are jobs in the economy Cosnyka can perform.

1

Although Cosnyka asserts that "[cjlinical findings ... support Dr. Calabrese’s opinion” (Appellant’s Br. at 12), Dr. Calabrese does not identify any such findings in his report.