Plaintiff failed to carry his burden of showing he is disabled. See 42 U.S.C. §§ 423(d)(1)(a), (5)(A); Bowen, 482 U.S. at 146 n.5; Richardson, 750 F.2d at 509; 20 C.F.R. §§ 404.1512(a), (c); 416.

Without supporting medical evidence, Plaintiff would be left with only her subjective allegations, which Congress has held to be insufficient basis for a finding of disability. 42 U.S.C. § 423(d)(5)(A) (“An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Commissioner of Social Security may require”). Only sufficient evidence of actual disability justifies an award of benefits—a standard that is emphatically not met on this record.

The Social Security Act clearly states that a physical or mental impairment must be an impairment "that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques." 42 U.S.C. § 423(d)(3). The Commissioner is charged with the duty to weigh the evidence, resolve material conflicts in testimony, and determine the case accordingly.

The disability must be "demonstrable by medically acceptable clinical and laboratory diagnostic techniques." 42 U.S.C. § 423(d)(3). The Commissioner uses a five·step process when making disability determinations.

The disability must be "demonstrable by medically acceptable clinical and laboratory diagnostic techniques." 42 U.S.C. § 423(d)(3). 6 Case 1:13-cv-01724-KBF Document 15 Filed 01/08/14 Page 6 of 15 The Commissioner uses a five-step process when making disability determinations.

Cf. Inciong, 570 Fed. Appex. at 725 (noting a lack of evidence that the SSA conducted a recent review of its decision to award benefits to plaintiff and, even if it had, the burden of proof would have rested on the SSA to prove plaintiff was no longer disabled whereas LTD policy provided plaintiff bore burden of proving entitlement to continued benefits) (citing 42 U.S.C. § 423(f)). The SSA is also bound by the “treating physician rule,” whereas Standard is under no obligation to accord special deference to Espindola’s treating physicians.

The claimant’s impairment must be “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 Commissioner uses a five-step process when making disability determinations.

The claimant’s impairment must be “of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and Case 1:13-cv-05052-KBF Document 15 Filed 03/19/14 Page 6 of 12 7 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 Commissioner uses a five-step process when making disability determinations.

Additionally, there is a trial work period during which Person can make more than the SGA amount without losing her benefits. 42 U.S.C.A. § 423. SSDI recipients are entitled to test their ability to work and continue to receive full benefits regardless of whether they make more than the SGA amount, for a nine-month trial work period.

The agency might also make such a rule to mitigate the harshness of its all-or-nothing system in which claimants get benefits for permanent total disabilities, but not for partial disabilities. (See 42 U. S. C. §§423 [d] [2] [A], 1382c [a] [3] [B]). By contrast, the New York State Workers’ Compensation Board is structurally different from the Social Security Administration and applies very 16 different law.