3:25-cv-00374•Fairbanks v. Bisignano
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________________________________ Edward F.,1 Plaintiff, v. 3:25-CV-374 (GTS/MJK) Commissioner of Social Security Defendant. _____________________________________________________________________ Jeanne Murray Esq., for Plaintiff Hugh Dun Rappaport Esq., Special Asst. U.S. Attorney, for Defendant Mitchell J. Katz, U.S. Magistrate Judge To the Honorable Glenn T. Suddaby, U.S. District Judge: REPORT & RECOMMENDATION Edward brought this action under the Social Security Act (42 U.S.C. § 405(g)) seeking judicial review of the Social Security Commissioner’s final decision denying his application for benefits. (Dkt. 1). Edward did not consent to the jurisdiction of a Magistrate Judge. (Dkt.4). So, the Honorable Glenn T. Suddaby, U.S. District Judge, referred this matter to the Court for a Report and Recommendation. Both parties filed briefs (Dkts. 11, 15, 16) which the Court treats as 1 This report and recommendation will identify the plaintiff using only his first name and last initial to protect his privacy. Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 1 of 21
2 motions under Fed. R. Civ. P. 12(c), in accordance with General Order 18. I. PROCEDURAL HISTORY On December 15, 2022, Edward filed applications for Title II disability insurance and Title XVI supplemental security income benefits, alleging disability beginning on September 1, 2022. (T. 179-85, 186-92)2. The Social Security Administration denied the claims initially on June 12, 2023, and again upon reconsideration on July 24, 2023. (T. 61, 80). Edward requested a hearing that same month. (T. 113-14). Administrative Law Judge (“ALJ”) Jeremy Eldred held a hearing on May 24, 2024. (T. 37-51). Edward appeared and testified at the hearing along with vocational expert Christine Ditrinco. (T. 41-50). At the hearing, Edward, through his representative, amended his alleged onset date of disability to November 4, 2022. (T. 40). On June 14, 2024, ALJ Eldred issued an unfavorable decision. (T. 20-31). The Appeals Council denied Edward’s appeal. (T. 7-12). 2 All page references are to the Administrative Transcript (“T.”) and not the page numbers assigned by the CM/ECF pagination system. Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 2 of 21
3 II. GENERALLY APPLICABLE LAW A. Disability Standards To be considered disabled, plaintiffs seeking disability insurance or supplemental security income benefits must establish that they are “unable 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 twelve months…” 42 U.S.C. § 1382c(a)(3)(A). In addition, plaintiffs’ physical or mental impairment or impairments [must be] of such severity that [they are] not only unable to do [their] previous work but cannot, considering [their] age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which [they] live[], or whether a specific job vacancy exists for [them], or whether [they] would be hired if [they] applied for work. 42 U.S.C. § 1382c(a)(3)(B). The Commissioner uses a five-step process, set forth in 20 C.F.R. §§ 404.1520 and 416.920, to evaluate disability insurance and supplemental security income disability claims. First, the [Commissioner] considers whether the claimant is currently engaged in substantial gainful activity. If [they are] Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 3 of 21
4 not, the [Commissioner] next considers whether the claimant has a “severe impairment” which significantly limits [their] 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 meets or equals the criteria of an impairment listed in Appendix 1 of the regulations. If the claimant has such an impairment, the [Commissioner] will consider [them] disabled without considering vocational factors such as age, education, and work experience … Assuming the claimant does not have a listed impairment, the fourth inquiry is whether, despite the claimant’s severe impairment, [they have] the residual functional capacity to perform [their] past work. Finally, if the claimant is unable to perform [their] past work, the [Commissioner] then determines whether there is other work which the claimant can perform. Berry v. Schweiker, 675 F.2d 464, 467 (2d Cir. 1982); see also 20 C.F.R. §§ 404.1520, 416.920. Plaintiffs have the burden of establishing disability at the first four steps. See Selian v. Astrue, 708 F.3d 409, 418 (2d Cir. 2013). If they establish that their impairment prevents them from performing their past work, the burden then shifts to the Commissioner to prove the final step. (Id.). B. Scope of Review When reviewing a final decision of the Commissioner, courts must determine whether the correct legal standards were applied and whether substantial evidence supported the decision. Id. at 417; see also Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir. 2012); 42 Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 4 of 21
5 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Talavera v. Astrue, 697 F.3d 145, 151 (2d Cir. 2012). It must be “more than a scintilla” of evidence scattered throughout the administrative record. Id. Yet this standard is a very deferential standard of review “— even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448. “To determine on appeal whether an ALJ’s findings are supported by substantial evidence, reviewing courts consider the whole record, examining the evidence from both sides, because an analysis of the substantiality of the evidence must also include that which detracts from its weight.” Williams ex rel. Williams v. Bowen, 859 F.2d 255, 258 (2d Cir. 1988). But reviewing courts may not substitute their interpretation of the administrative record for that of the Commissioner if the record contains substantial support for the ALJ’s decision. Id.; see also Rutherford v. Schweiker, 685 F.2d 60, 62 (2d Cir. 1982). ALJs need not explicitly analyze every piece of conflicting evidence in the record. See Mongeur v. Heckler, 722 F.2d 1033, 1040 (2d Cir. 1983); see also Miles v. Harris, 645 F.2d 122, 124 (2d Cir. 1981) (“[W]e are unwilling to require an ALJ explicitly to reconcile every Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 5 of 21
6 conflicting shred of medical testimony[.]”). But ALJs cannot “‘pick and choose’ evidence in the record that supports [their] conclusions.” Cruz v. Barnhart, 343 F. Supp. 2d 218, 224 (S.D.N.Y. 2004); see also Fuller v. Astrue, No. 09-CV-6279, 2010 WL 5072112, at *6 (W.D.N.Y. Dec. 6, 2010). III. FACTS The record includes Edward’s medical and mental health treatment records which the parties are familiar with. The Court will refer to the pertinent records and the hearing testimony in its analysis of the parties’ claims as appropriate. IV. THE ALJ’S DECISION At Step One of the five-step sequential analysis, ALJ Eldred determined that Edward has “not engaged in substantial gainful activity since November 4, 2022, the amended alleged onset date of disability.” (T. 22). At Step Two, ALJ Eldred concluded that Edward “had the following ‘severe’ impairments: a hereditary neuromuscular disorder, lumbar radiculopathy, obstructive sleep apnea, and obesity.” (T. 23) (cleaned up). ALJ Eldred also determined that Edward’s right shoulder Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 6 of 21
7 pain, migraine headaches, hypertension, and psychiatric symptoms were not severe. (Id.). At Step Three, ALJ Eldred determined that Edward “does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1.” (T. 25). Next, ALJ Eldred discussed the “paragraph B” criteria. (T. 23-24). “To satisfy the paragraph B criteria,” mental impairments “must result in one extreme limitation or two marked limitations in a broad area of functioning.” See 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.00(A)(2)(b) (cleaned up). The four broad areas of mental functioning are: (1) understanding, remembering, or applying information; (2) interacting with others; (3) maintaining concentration, persistence, or pace; and (4) adapting and managing oneself. See 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.00(C). Here, ALJ Eldred found the Paragraph B criteria unsatisfied because he determined that Edward had (1) mild limitations in understanding, remember, or applying information; (2) no limitations in interacting with others; (3) mild limitations in maintaining Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 7 of 21
8 concentration, persistence, or pace; and (4) mild limitations in adapting or managing oneself. (T. 24). After this, ALJ Eldred determined that Edward had the residual functional capacity (“RFC”) to perform sedentary work. Specifically: he can never climb ladders, ropes, or scaffolds; can climb ramps or stairs occasionally; can stoop, kneel, or crawl frequently; can balance or crouch occasionally; and must avoid exposure to hazardous working conditions, such as work done at unprotected heights and work done in proximity to dangerous moving machinery. (Id.) To make this finding, ALJ Eldred considered “the medical opinion(s) and prior administrative medical finding(s) in accordance with the requirements of” 20 C.F.R. §§ 404.1520(c) and 416.920(c). (Id.). At Step Four, ALJ Eldred reasoned that Edward “is unable to perform any past relevant work,” is within the “younger individual” age category, has “a high school education,” and “transferability of skills is not an issue.” (T. 29). Finally, at Step Five, ALJ Eldred concluded that “considering” Edward’s “age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that” he “can perform.” (Id.). Accordingly, ALJ Eldred Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 8 of 21
9 determined that Edward is not disabled as defined by the Social Security Act. (T. 30). V. ISSUES IN CONTENTION Edward argues “the ALJ improperly rejected the disabling opinion from Dr. Crocket.” (Pl. Br. at pgs. 9-14).3 In response, the Commissioner argues that Edward “has failed to sustain his burden of establishing that the ALJ committed any reversible error when he evaluated Dr. Crocket’s opinion.” (Def. Br. at pgs. 4-14). VI. DISCUSSION The Court recommends the District Court affirm ALJ Eldred’s decision. ALJs are specifically required to explain how they considered the supportability and consistency factors for a medical opinion. Here, ALJ Eldred erred when performing the supportability analysis on Dr. Crocket’s medical opinion, but that error was harmless. ALJ Eldred properly performed the consistency analysis when he found that it was unclear how Dr. Crocket determined these marked limitations, and substantial evidence shows her medical source statement is inconsistent with other opinions of record. Remand is therefore not recommended. 3 (Pl. Br.) refers to Plaintiffs Brief, Dkt. 11, and (Def. Br.) refers to Defendants Brief, Dkt. 15. Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 9 of 21
10 ALJs must consider all medical opinions and evaluate their persuasiveness based on their supportability, consistency, the author’s relationship with the claimant, the author’s specialization, and other factors. Tyler W. v. Comm’r of Soc. Sec., No. 22-CV-01345 (CFH), 2024 WL 1075209, at *7 (N.D.N.Y. Mar. 12, 2024). “The two most important factors for determining the persuasiveness of medical opinions are consistency and supportability[.]” Stephanie F. v. Kijakazi, No. 20-CV- 1528 (BKS), 2022 WL 3355964, at *9 (N.D.N.Y. Aug. 15, 2022). ALJs must therefore “explain how [they] considered the supportability and consistency factors” for a medical opinion. 20 C.F.R. §§ 404.1520c(b)(2), 416.920c(b)(2). “Supportability” means that “the more relevant the objective medical evidence and supporting explanations presented by a medical source are to support his or her medical opinion(s) or prior administrative medical finding(s), the more persuasive the medical opinions or prior administrative medical finding(s) will be.” Id. §§ 404.1520c(c)(1), 416.920c(c)(1) (cleaned up). “Consistency” means that “the more consistent a medical opinion(s) or prior administrative medical finding(s) is with the evidence from other medical sources and Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 10 of 21
11 nonmedical sources in the claim, the more persuasive the medical opinion(s) or prior administrative medical finding(s) will be.” Id. §§ 404.1520c(c)(2), 416.920c(c)(2). In plain English, supportability is an internal check—examining whether the medical source references medical evidence that comes from the medical source. Consistency is an external check—examining whether the medical sources references evidence from other medical and non-medical sources. ALJs’ “failure to explain the supportability and consistency of the medical opinions in the record is procedural error.” Stephanie F., 2022 WL 3355964, at *9. And procedural errors are subject to harmless error review. See id; see also Loucks v. Kijakazi, No. 21-CV-1749, 2022 WL 2189293, at *2 (2d. Cir. 2022) (summary order) (applying harmless error review to a procedural error). ALJ Eldred did not properly perform a supportability analysis of Dr. Courtney Grace Crocket’s opinion. To satisfy the supportability factor, an ALJ must consider whether the medical source supported his or her opinion with “objective medical evidence and supporting explanations.” 20 C.F.R. § 404.1520c(c)(1). Although the ALJ did not properly discuss supportability in the paragraph he devoted to Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 11 of 21
12 addressing the persuasiveness of Dr. Crocket’s opinion, ALJ Eldred concluded Dr. Crocket’s opinion was less persuasive, noting “Dr. Crocket’s opinion is vague, considering that she did not specify the length of time or the frequency with which the claimant could perform various physical activities, or the amount of weight that the claimant could lift, carry, push, or pull.” (T. 28). From this, it is apparent that the ALJ considered the supportability of Dr. Crocket’s opinion and found it lacking because, as shown below, it was based on Edward’s own reports about his lower extremity pain and was not based on any findings on examination. Therefore, since the Court can glean that the ALJ considered the supportability of Dr. Crocket’s opinion based on his analysis of medical evidence, the Court concludes that the substance of the regulation was not traversed and the ALJ’s procedural error in omitting an express reference to supportability is harmless. See Ricky L v. Comm’r of Soc. Sec., No. 20-CV-7102-FPG, 2022 WL 2306965 at *4 (W.D.N.Y. June 27, 2022) (“[I]nsofar as the Court can adequately ‘glean’ how the ALJ weighed the consistency and supportability factors for Dr. Sandler’s opinion, the Court finds the ALJ’s procedural error harmless as ‘the substance of the [regulation] was not traversed.’” (collecting cases). Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 12 of 21
13 During Dr. Crocket’s examination, Edward’s mother described his chief complaint as “his nerve endings are dying progressively and he is losing functioning in his feet and his hands.” (T. 409). At the time of the examination, Edward was not in any pain and reported “when he is in pain just getting off of his feet or lying down actually helps quite a lot when it is present.” (Id.). “The only assistive devices he uses at the moment are braces [for his legs that extend from the entire base of his foot to just beneath his knee], and he has only had those for the last three months or so.” (T. 409-10). He lives with his mother and eight- year-old nephew. (T. 410). Edward reported “[h]e is able to cook seven days a week,” cleans and does laundry about once a week, is responsible for childcare when his mother leaves for errands, “is able to shower or bathe by himself once to twice a week and dress himself daily,” “enjoys watching TV, doing online social media activities, playing video games, socializing with friends, and going over to friends’ houses.” (Id.). Dr. Crocket noted Edward uses braces on his legs and with them, his gait is fairly steady. (T. 411). Dr. Crocket opined the braces were medically necessary. (Id.). Edward could walk on his heels with Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 13 of 21
14 difficulty but declined to walk on his toes. (Id.). His squat was limited to 10% secondary to pain from his braces which hit “patellae” when he leans forward. (Id.). Edward declined changing for the examination, needed no help getting on and off the exam table and was able to rise from the chair without difficulty. (Id.). Edwards’ cooperation and effort were good. (Id.). Edwards lumbar spine showed full flexion, extension, lateral flexion bilaterally, and full rotary movement bilaterally. (T. 412). His seated straight leg raise test was negative bilaterally, and supine straight leg raise tests were positive at 90 degrees bilaterally with pain radiating to his knee on the right side and localized to his lower back on the left side. (Id.). Edwards knee flexion and extension were full bilaterally; his hips forward flexion was 100 degrees bilaterally, interior rotation were 15 degrees on the right and 10 degrees on the left, and his exterior rotation was 50 degrees bilaterally. (Id.). His right hip was tender to palpation. (Id.). There were trigger points evident at his iliosacral joints bilaterally and at the right hip. (Id.). His ankles dorsiflexion were 20 degrees bilaterally and plantarflexion 20 degrees bilaterally. (Id.). Edwards joints were stable. (Id.). Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 14 of 21
15 Edward’s deep tendon reflexes were physiologic and equal in his upper and lower extremities. (Id.). He had full strength in his upper and lower extremities, except extension of his upper extremities bilaterally, “4/5” with extension or push command. (Id.). Lastly, Edward’s plantar flexion of his feet were also 4/5 bilaterally. (Id.). Ultimately, Dr. Crocket opined Edward has marked limitations to lifting, carrying, squatting, standing, walking, sitting, reaching, pushing, handling, or use of foot controls; and additional limitations via medically induced fatigue. (T. 412-13). Having carefully reviewed the record, the Court finds Dr. Crocket’s opinion not to be supported. Dr. Crocket’s examination revealed that Edward’s deep tendon reflexes were physiologic and equal, his strength was full in the upper and lower extremities, except for “4/5” strength with extension or push command and “4/5” strength with plantar flexion of the feet bilaterally. (T. 412). These findings do not support marked limitations. See Johnathan M. v. Comm’r of Soc. Sec., No. 3:21-CV-1076 (DNH), 2022 WL 18831465, at *5 (N.D.N.Y. Nov. 9, 2022) (ALJ properly considered supportability were he observed “that marked findings conflicted with Dr. Grassl’s own findings from her Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 15 of 21
16 examination, which were ‘relatively unremarkable.’”) Indeed, the focus of an ALJ’s evaluation of the supportability of an opinion is whether the conclusion is supported – not whether it sets forth a comprehensive summary of the evidence. See Jacqueline L. v. Comm’r of Soc. Sec., 515 F. Supp. 3d 2, 7 (W.D.N.Y. 2021) (citing 20 C.F.R. § 416.920c(c)(1)). So, although the Court finds that ALJ Eldred erred in performing the supportability analysis as to Dr. Crocket’s opinion, this error was harmless. ALJ Eldred properly performed the consistency analysis of Dr. Crocket’s opinion. ALJs “must specifically set forth how they considered the consistency of a medical opinion in the analysis of the medical opinion, not merely refer to the other medical evidence at some point in the decision.” Kathleen A. v. Comm’r of Soc. Sec. Admin., No. 3:20-CV- 1034 (LEK), 2022 WL 673824, at *6 (N.D.N.Y. Mar. 7, 2022). When performing the consistency analysis, ALJ Eldred concluded that Dr. Crocket’s “opinion was inconsistent with the opinions of Dr. Ahmed and Dr. Randall, and was inconsistent with the evidence referenced above regarding the Edward’s improvement with physical therapy and use of braces, inconsistent with physical examination findings set forth above, Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 16 of 21
17 and inconsistent with Edward’s work activity as a cleaner during the period at issue.” (T. 28). It is apparent from the record how ALJ Eldred found Dr. Crocket’s marked limitations inconsistent with the other opinions. ALJ Eldred found the opinions of state agency medical consultants S. Ahmed, M.D. and J. Randall, M.D. persuasive, which Edward does not challenge. (T. 28). After reviewing the medical evidence, including Dr. Crocket’s consultative examination, Dr. Ahmed opined that Edward could occasionally lift and/or carry 10 pounds and frequently lift and/or carry less than 10 pounds. (T. 66). Drs, Ahmed and Randall opined that Edward could stand and/or walk with normal breaks for a total of two hours and could sit with normal breaks for a total of more than six hours on a sustained basis in an eight-hour workday. (Id.). Dr. Ahmed further opined that Edward could occasionally climb ramps/stairs, balance, and crouch; he could frequently stoop, kneel and crawl; and could never climb ladders, ropes, or scaffolds. (Id.). Ultimately, Dr. Ahmed concluded “[b]ased on the seven strength factors of the physical RFC (lifting/carrying, standing, walking, sitting, pushing, and pulling),” Edward demonstrates the maximum sustained work capability of Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 17 of 21
18 sedentary work. (T. 69). Additionally, they noted that Edward was not limited to unskilled work because of the impairments. (T. 68). It is “well settled that an ALJ is entitled to rely upon the opinions of both examining and non-examining State agency medical consultants, since such consultants are deemed to be qualified experts in the field of social security disability. . . . The opinion of a non- examining source may override that of an examining source, even a treating source, provided the opinion is supported by evidence in the record.” Maleski v. Comm’r of Soc. Sec., No. 1:18-CV-1378 (WBC), 2020 WL 210064, at *4 (W.D.N.Y. Jan. 14, 2020). ALJ Eldred further demonstrated that the record supported Edward’s ability to perform sedentary work. For example, in October 2022, Edward “had a normal musculoskeletal examination, and no neurological deficits were present.” (T. 27 (citing T. 381)). In January 2023, Edward was wearing bilateral lower extremity braces but was able to walk without assistance. (T. 27 (citing T. 383)). He had 5/5 strength in his lower extremities and no pain at examinations. (T. 367, 378, 412, 471). Neurology records from April 2023 indicated that Edward was sitting comfortably. (T. 27 (citing T. 396)). As noted above, Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 18 of 21
19 ALJ Eldred limited Edward to sedentary work, and as explained in SSR 83-10, “[b]y its very nature, work performed primarily in a seated position. . . .” SSR 83-10, 1983 WL 31251 at *5. The ALJ also noted that Edward “has worked during the period at issue as a cleaner.” (T. 27). The Second Circuit has held that the fact that a plaintiff performed work during the period of alleged disability is substantial evidence supporting an RFC finding. See Rivers v. Astrue, 280 F. App’x 20, 23 (2d Cir. 2008). An “‘ALJ may also properly consider a claimant’s demonstrative ability to work part-time during the relevant period as evidence that the claimant is not completely disabled.’” Khyana B. v. Comm’r of Soc. Sec., No. 22-CV-6408-HKS, 2026 WL 265571, at *6 (W.D.N.Y. Feb. 2, 2026) (citing Silva v. Saul, 18- CV-6206 CJS, 2019 WL 1569595, at *5 (W.D.N.Y. June 21, 2019) (citing 20 C.F.R. § 404.1571)) (collecting cases). * * * Edward asserts that the ALJ’s analysis establishes that there is a gap in the record, which the ALJ was duty bound to fill. See (Pl. Br. at pg. 10). On appeal, the Commissioner argues that Schillo v. Kijakazi, 31 F.4th 64 (2d. Cir. 2022) is indistinguishable from the case here; the Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 19 of 21
20 Court agrees. In Schillo, the ALJ discounted the medical opinion because it contained “vague, undefined terms.” Id. at 72. The claimant argued that “the ALJ was duty bound to obtain a more detailed and clarified statement from Dr. Shukri before rejecting statements due to ‘vague, undefined terms.’” Id. at 76. The Second Circuit rejected that argument, holding that (i) although an ALJ may need to develop the record to fill a gap in treatment records, “a deficiency in reasoning by a [medical source] is not the same as a gap in treatment records” and (ii) the ALJ “did not err in failing to supplement the administrative record” because “there was a complete record before the ALJ,” “[t]he ALJ pointed to specific portions of the record that undercut Dr. Shukri’s opinion,” “the claimant has not identified any missing records that should have been included in the record ,” and “we are aware of no [such missing records].” Id. That is not the case here. Having concluded that the ALJ’s assignment of lesser weight to Dr. Crocket’s medical opinion was based on substantial evidence, we also hold that substantial evidence supports the ALJ’s ultimate RFC determination. ALJ Eldred still considered the medical opinion to assess Edward’s RFC including other sources in the administrative Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 20 of 21
21 record and notes documenting Edward’s visits with other medical providers. Thus, remand is not recommended. VII. CONCLUSION WHEREFORE for the reasons stated herein, it is hereby RECOMMENDED that Edward’s motion for judgment on the pleadings (Dkt. No. 11) be DENIED; and it is further RECOMMENDED that Defendant’s motion for judgment on the pleadings (Dkt. No. 15) be GRANTED; and it is further RECOMMENDED that the Commissioner’s decision denying Edward’s benefits be AFFIRMED. Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citing Small v. Sec’y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. Dated: April 29, 2026 __________________________ Hon. Mitchell J. Katz U.S. Magistrate Judge Case 3:25-cv-00374-GTS-MJK Document 19 Filed 04/29/26 Page 21 of 21
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