From Casetext: Smarter Legal Research

Netter v. Astrue

United States Court of Appeals, Second Circuit
Apr 2, 2008
272 F. App'x 54 (2d Cir. 2008)

Summary

holding that it is proper for an ALJ to cite a claimant's conservative treatment history to support his conclusion that he or she is not disabled

Summary of this case from Jean D. v. Comm'r of Soc. Sec.

Opinion

No. 07-0593-cv.

April 2, 2008.

Appeal from a final judgment of the United States District Court for the Western District of New York (Elfvin, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

Richard J. Lippes, Richard J. Lippes Associates, Buffalo, NY, for Appellant.

Karen T. Callahan, Special Assistant United States Attorney (Terrance P. Flynn, United States Attorney, Western District of New York, on the brief), Office of the General Counsel, Social Security Administration, New York, NY, for Appellee.

PRESENT: Hon. DENNIS JACOBS, Chief Judge, and Hon. WILFRED FEINBERG, and Hon. PETER W. HALL, Circuit Judges.



SUMMARY ORDER

Michael Netter appeals from a final judgment of the United States District Court for the Western District of New York (Elfvin, J.) affirming a decision of the Commissioner of Social Security ("Commissioner") which denied Netter's claim for disability and supplemental security income benefits under the Social Security Act ("Act"). We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

When a district court upholds a determination 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." Machadio v. Apfel, 276 F.3d 103, 108 (2d Cir. 2002). 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." Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938).

Netter argues that the administrative law judge ("ALJ") and the district court erred in discounting his credibility on the basis of a decades-old conviction for armed robbery and his history of substance abuse. But he cites no controlling legal authority for the proposition that these are impermissible considerations. More to the point, the ALJ's credibility determination also rested on other grounds, such as the inconsistency between Netter's testimony and a treating orthopedic surgeon's clinical notes. Ultimately, "[i]t is the function of the [Commissioner], not [the reviewing courts], to resolve evidentiary conflicts and to appraise the credibility of witnesses, including the claimant." Carroll v. Sec'y of Health Human Servs., 705 F.2d 638, 642 (2d Cir. 1983).

Moreover, the district court did not affirm the ALJ's credibility determination on different grounds than those on which the ALJ relied. The district court relied on the same set of inconsistencies identified by the ALJ.

Netter claims that the ALJ and the district court should have given controlling or significant weight to a treating physician's opinion that he is disabled. However, Dr. Regalia's opinion that Netter is disabled is inconsistent with her own clinical observations that Netter's neck pain was controlled and that she expected significant improvement in his condition. In addition, Dr. Anthony Leone, a specialist in orthopedic surgery who also treated Netter (at the recommendation of Dr. Regalia), confidently opined that Netter was not "by any stretch of the imagination, totally disabled." Dr. Leone's clinical findings that Netter's sensations, strength and reflexes were "grossly normal" support his conclusion. Finally, Dr. Leone's opinion was consistent with the opinions of multiple state-employed consultative doctors and Dr. Chandra Gowda.

Under the applicable regulations, even "nonexamining sources" may "override treating sources' opinions, provided they are supported by evidence in the record." Schisler v. Sullivan, 3 F.3d 563, 568 (2d Cir. 1993) (citing 20 C.F.R. §§ 404.1527(f), 416.927(f)). Where, as here, a treating specialist, and state-employed physicians are in agreement that an individual is not disabled, and where this conclusion is supported by record evidence, the Commissioner may reject the contrary opinion of one treating physician. See Veino v. Barnhart, 312 F.3d 578, 588 (2d Cir. 2002) ("Genuine conflicts in the medical evidence are for the Commissioner to resolve." (citing Richardson v. Perales, 402 U.S. 389, 399, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971))). We find no error in the ALJ's decision not to give controlling or significant weight to Dr. Regalia's opinion, nor in the ALJ's resulting conclusions as to Netter's physical capabilities, as both decisions are supported by evidence in the record. Moreover, because the district court relied on Dr. Regalia's conservative treatment regimen merely as additional evidence supporting the ALJ's determination rather than as "compelling" evidence sufficient in itself to overcome an "otherwise valid medical opinion," the district court did not impermissibly "substitute his own expertise or view of the medical proof for the treating physician's opinion," Shaw v. Chater, 221 F.3d 126, 134-35 (2d Cir. 2000).

Netter's final claim is that the ALJ was obliged to affirmatively develop the record because it found Dr. Regalia's clinical records to be lacking. However, the ALJ rejected Dr. Regalia's opinion because it was contradicted by the opinions of other doctors and the record evidence — not because it was inadequately supported by her own clinical records.

We have considered Netter's remaining arguments and find them to be without merit. For the foregoing reasons, the final judgment of the district court is hereby AFFIRMED.


Summaries of

Netter v. Astrue

United States Court of Appeals, Second Circuit
Apr 2, 2008
272 F. App'x 54 (2d Cir. 2008)

holding that it is proper for an ALJ to cite a claimant's conservative treatment history to support his conclusion that he or she is not disabled

Summary of this case from Jean D. v. Comm'r of Soc. Sec.

holding that it is proper for an ALJ to cite a claimant's conservative treatment history to support his conclusion that he or she is not disabled

Summary of this case from Darnell J. v. Comm'r of Soc. Sec.

holding that it is proper for an ALJ to cite a claimant's conservative treatment history to support his conclusion that he or she is not disabled

Summary of this case from Teresa L. v. Comm'r of Soc. Sec.

holding that it is proper for an ALJ to cite a claimant's conservative treatment history to support his conclusion that he or she is not disabled

Summary of this case from LaPorta v. Comm'r of Soc. Sec.

holding that it is proper for an ALJ to cite a claimant's conservative treatment history to support his conclusion that he or she is not disabled

Summary of this case from Vannote v. Comm'r of Soc. Sec.

holding that it is proper for an ALJ to cite a claimant's conservative treatment history to support his conclusion that he or she is not disabled

Summary of this case from Young v. Comm'r of Soc. Sec.

holding that no error when "the district court relied on [the doctor's] conservative treatment regimen merely as additional evidence supporting the ALJ's determination rather than as 'compelling evidence sufficient in itself to overcome an 'otherwise valid medical opinion'"

Summary of this case from Matteo v. Berryhill

holding that "because the district court relied on [the treating physician's] conservative treatment regimen merely as additional evidence supporting the ALJ's determination rather than as 'compelling' evidence sufficient in itself to overcome an 'otherwise valid medical opinion,' the district court did not impermissibly 'substitute his own expertise or view of the medical proof for the treating physician's opinion'"

Summary of this case from Cutillo v. Berryhill

holding that a history of substance abuse is a permissible consideration in evaluating a claimant's credibility

Summary of this case from Conant v. Comm'r of Soc. Sec.

finding ALJ's failure to give controlling weight to examining physician's opinion was not error where the examining physician's opinion that the claimant was disabled was inconsistent with the physician's own clinical observations of the claimant

Summary of this case from Washington v. Saul

finding the district court properly relied on treating source's "conservative treatment regimen as additional evidence"

Summary of this case from Felice v. Saul

finding no error "because the district court relied on Dr. Regalia's conservative treatment regimen merely as additional evidence supporting the ALJ's determination rather than as "compelling" evidence sufficient in itself to overcome an "otherwise valid medical opinion"

Summary of this case from Alvarez v. Colvin

concluding that reports of consultative and/or non-examining physicians may override opinions of treating physicians, provided they are supported by substantial evidence in the record

Summary of this case from Zukowski v. Berryhill

In Netter, the ALJ relied in part on an inconsistency between Netter's testimony and a treating physician's notes to determine the credibility of his pain allegations.

Summary of this case from Joseph W. v. Kijakazi

explaining that "[i]t is the function of the [Commissioner], not [the reviewing courts], to resolve evidentiary conflicts" (alteration in original) (quoting Carroll v. Sec'y of Health & Human Servs., 705 F.2d 638, 642 (2d Cir.1983))

Summary of this case from Courson v. Comm'r of Soc. Sec.
Case details for

Netter v. Astrue

Case Details

Full title:Michael A. NETTER, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner…

Court:United States Court of Appeals, Second Circuit

Date published: Apr 2, 2008

Citations

272 F. App'x 54 (2d Cir. 2008)

Citing Cases

Feliz v. Kijakazi

An ALJ is entitled to consider conservative treatment prescribed to a claimant as one factor in determining…

Washington v. Saul

Further, "[u]nder the applicable regulations, even 'nonexamining sources' may 'override treating sources'…