United States District Court, Western District of Pennsylvania
Donetta W. Ambrose, United States Senior District Judge.
Pending before the Court are Cross-Motions for Summary Judgment. (ECF Nos. 7 and 9). Both parties have filed Briefs in Support of their Motions. (ECF Nos. 8 and 10). After careful consideration of the submissions of the parties, and based on my Opinion set forth below, I am granting in part and denying in part Plaintiff’s Motion for Summary Judgment (ECF No. 7) and denying Defendant’s Motion for Summary Judgment. (ECF No. 9).
Plaintiff brought this action for review of the final decision of the Commissioner of Social Security (“Commissioner") denying her application for supplemental security income (“SSI”) pursuant to the Social Security Act (“Act"). Plaintiff filed her applications alleging she had been disabled since November 30, 2007. (ECF No. 6-5, p. 12). Administrative Law Judge (“ALJ”), Charles Pankow, held a hearing on November 19, 2009. (ECF No. 6-2, pp. 30-58). On March 25, 2010, the ALJ found that Plaintiff was not disabled under the Act. (ECF No. 6-2, pp. 14-29).
After exhausting all administrative remedies, Plaintiff filed the instant action with this court. The parties have filed Cross-Motions for Summary Judgment. (Docket Nos. 7 and 9). The issues are now ripe for review.
II. LEGAL ANALYSIS
A. Standard of Review
The standard of review in social security cases is whether substantial evidence exists in the record to support the Commissioner's decision. Allen v. Bowen, 881 F.2d 37, 39 (3d Cir. 1989). Substantial evidence has been defined as “more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate.” Ventura v. Shalala, 55 F.3d 900, 901 (3d Cir. 1995), quoting Richardson v. Perales, 402 U.S. 389, 401 (1971). Additionally, the Commissioner's findings of fact, if supported by substantial evidence, are conclusive. 42 U.S.C. §405(g); Dobrowolsky v. Califano, 606 F.2d 403, 406 (3d Cir. 1979). A district court cannot conduct a de novo review of the Commissioner's decision or re-weigh the evidence of record. Palmer v. Apfel, 995 F.Supp. 549, 552 (E.D. Pa. 1998). Where the ALJ's findings of fact are supported by substantial evidence, a court is bound by those findings, even if the court would have decided the factual inquiry differently. Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999). To determine whether a finding is supported by substantial evidence, however, the district court must review the record as a whole. See, 5 U.S.C. §706.
To be eligible for social security benefits, the plaintiff must demonstrate that he cannot engage in substantial gainful activity because of a 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 at least 12 months. 42 U.S.C. §423(d)(1)(A); Brewster v. Heckler, 786 F.2d 581, 583 (3d Cir. 1986).
The Commissioner has provided the ALJ with a five-step sequential analysis to use when evaluating the disabled status of each claimant. 20 C.F.R. §404.1520(a). The ALJ must determine: (1) whether the claimant is currently engaged in substantial gainful activity; (2) if not, whether the claimant has a severe impairment; (3) if the claimant has a severe impairment, whether it meets or equals the criteria listed in 20 C.F.R., pt. 404, subpt. P., appx. 1; (4) if the impairment does not satisfy one of the impairment listings, whether the claimant's impairments prevent him from performing his past relevant work; and (5) if the claimant is incapable of performing his past relevant work, whether he can perform any other work which exists in the national economy, in light of his age, education, work experience and residual functional capacity. 20 C.F.R. §404.1520. The claimant carries the initial burden of demonstrating by medical evidence that he is unable to return to his previous employment (steps 1-4). Dobrowolsky, 606 F.2d at 406. Once the claimant meets this burden, the burden of proof shifts to the Commissioner to show that the claimant can engage in alternative substantial gainful activity (step 5). Id.
A district court, after reviewing the entire record may affirm, modify, or reverse the decision with or without remand to the Commissioner for rehearing. Podedworny v. Harris, 745 F.2d 210, 221 (3d Cir. 1984).
B. Residual Functional Capacity (“RFC”)
In determining Plaintiff’s RFC,  Plaintiff first asserts that the ALJ erred in rejecting, without explanation, the opinions of the consultative psychological examiner, Chantal Deines, Psy. D. (ECF No. 8, pp. 8-16). Specifically, Plaintiff submits that the ALJ discredited portions of Dr. Deines’ opinion regarding work pressures because it was “’inconsistent with her own findings, the clinical findings of record, and with other substantial evidence.’” (ECF No. 8, p. 12, quoting, ECF No. 6-2, p. 19). Plaintiff argues, however, that the ALJ did not explain these explanations and without the explanations the court is unable to make a proper review. (ECF No. 8, pp. 11-16). Therefore, Plaintiff submits that remand is necessary.
After a review of the evidence, I disagree. The reasons given by the ALJ are appropriate reasons for giving an opinion little weight. 20 C.F.R. § 416.927 (discussing the evaluation of medical opinions). Furthermore, I find the ALJ’s determination is sufficient such that I can make a proper and meaningful review. Based on the record, I find the ALJ’s opinion is supported by ...