Cosnyka v. Colvin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that there was no evidentiary basis for the ALJ’s conclusion that an applicant needed only six-minutes off per hour
• remanding when ALJ incorporated a six minute break time into the RFC without any supporting evidence
• remanding when ALJ incorporated a six-minute break time into the RFC without any supporting evidence
• finding the ALJ’s 10% off-task finding unsupported where the orthopedic examiner reported that plaintiff would need “regular comfort breaks” and where plaintiff testified that he would need breaks of up to 15-20 minutes
• affirming remand where ALJ found that plaintiff would be “off-task” for ten percent of the workday but that determination was not supported in the record and could not be based on an “ALJ’s own surmise”
• remanding where there was no record evidence to support RFC determination that plaintiff would be able to perform sedentary work if he could take a six-minute break every hour, rather than some other duration and frequency

Source: CourtListener parenthetical corpus (CC0).

Cited by

1 case in this archive cites this case.

• Quinn v. Colvin
  W.D. New York· 2016-08-10· cited 41×

Cites

10 cases in this archive are cited by this case.

• Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social Security
  Second Circuit· 1999-02-05· cited 2,867×
• Brault v. Social Security Administration
  Second Circuit· 2012-06-29· cited 2,305×
• Talavera v. Comm’r of Social Security
  Second Circuit· 2012-10-11· cited 2,203×
• Burgess v. Astrue
  Second Circuit· 2008-08-08· cited 1,945×
• Selian v. Astrue
  Second Circuit· 2013-02-21· cited 1,409×
• Albert Shaw v. Shirley S. Chater, as Commissioner of the Social Security Administration
  Second Circuit· 2000-07-20· cited 1,359×
• Cichocki v. Astrue
  Second Circuit· 2013-09-05· cited 1,228×
• Poupore v. Astrue
  Second Circuit· 2009-05-21· cited 941×
• Genier v. Astrue
  Second Circuit· 2010-05-27· cited 928×
• David A. Draegert v. Jo Anne B. Barnhart, Commissioner of Social Security
  Second Circuit· 2002-11-14· cited 155×