United States District Court, W.D. Pennsylvania
Donetta W. Ambrose United States Senior District Judge.
before the Court are Cross-Motions for Summary Judgment. (ECF
Nos. 8 and 12). Both parties have filed Briefs in Support of
their Motions. (ECF Nos. 9 and 13). After careful
consideration of the submissions of the parties, and based on
my Opinion set forth below, I am denying Plaintiff's
Motion for Summary Judgment (ECF No. 8) and granting
Defendant's Motion for Summary Judgment. (ECF No. 12).
brought this action for review of the final decision of the
Commissioner of Social Security
(''Commissioner'') denying his application
for supplemental security income (“SSI”) pursuant
to the Social Security Act (''Act'').
Plaintiff filed his application alleging he had been disabled
since August 30, 2013. (ECF No. 5-6, p. 13). Administrative
Law Judge (“ALJ”), Gary Ball, held a hearing on
January 16, 2015. (ECF No. 8-2, pp. 31-68). On March 11,
2015, the ALJ found that Plaintiff was not disabled under the
Act. (ECF No. 8-2, pp. 18-26).
exhausting all administrative remedies, Plaintiff filed the
instant action with this court. The parties have filed
Cross-Motions for Summary Judgment. (ECF Nos. 8 and 12). The
issues are now ripe for review.
Standard of Review
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. Â§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
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. Â§423(d)(1)(A);
Brewster v. Heckler, 786 F.2d 581, 583 (3d Cir.
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).
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).
Opinion Evidence and Residual Functional Capacity
asserts the ALJ erred in weighing the medical opinion
evidence of Dr. Santiago, Plaintiff's treating physician.
(ECF No. 9, pp. 9-11). Specifically, Plaintiff argues that
the ALJ erred in failing to address Dr. Santiago's
opinion regarding Plaintiff's migraines and their impact
on his non-exertional tasks such as driving. Id.
Therefore, Plaintiff submits that remand is necessary.
amount of weight accorded to medical opinions is
well-established. Generally, the ALJ will give more weight to
the opinion of a source who has examined the claimant than to
a non-examining source. 20 C.F.R. § 416.927(c)(1). In
addition, the ALJ generally will give more weight to opinions
from a treating physician, “since these sources are
likely to be the medical professionals most able to provide a
detailed, longitudinal picture of [a claimant's] medical
impairment(s) and may bring a unique perspective to the
medical evidence that cannot be obtained from the objective
medical findings alone or from reports of individual
examinations, such as consultative examinations or brief
hospitalizations.” Id. § 416.927(c)(2).
If the ALJ finds that “a treating source's opinion
on the issue(s) of the nature and severity of [a
claimant's] impairment(s) is well-supported by medically
acceptable clinical and laboratory diagnostic techniques and
is not inconsistent with the other ...