Alexander Martin v. Commissioner Social Security

547 F. App'x 153
CourtCourt of Appeals for the Third Circuit
DecidedDecember 12, 2013
Docket18-2958
StatusUnpublished
Cited by28 cases

This text of 547 F. App'x 153 (Alexander Martin v. Commissioner Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander Martin v. Commissioner Social Security, 547 F. App'x 153 (3d Cir. 2013).

Opinion

OPINION

CHAGARES, Circuit Judge.

Alexander Martin appeals from a District Court order affirming the denial of Disability Insurance Benefits under the Social Security Act by the Commissioner of Social Security (the “Commissioner”). We will affirm.

I.

Because we write solely for the benefit of the parties, we will only briefly summarize the essential facts. On April 11, 2003, Martin filed an application for Disability Insurance Benefits (“DIB”) under the Social Security Act, alleging that he was disabled beginning January 15, 2001 due to depression. Martin’s application was denied initially and on reconsideration. Martin then requested a hearing before an administrative law judge (“ALJ”). The hearing was conducted on January 25, 2005. The ALJ denied Martin’s application in a decision issued June 23, 2005, and the Appeals Council denied review.

Martin filed a complaint challenging the ALJ’s decision. On December 17, 2007, the District Court held that the ALJ erred by failing to explain why it had discredited Martin’s testimony about his continued limitations or to develop sufficiently the record to determine whether Martin’s past *155 warehouse work was relevant. Therefore, the court remanded the case for further administrative action. The Appeals Council, in turn, vacated the June 23, 2005 ALJ decision and remanded for a new hearing. The hearing was conducted on March 16, 2010, and, on March 22, 2010, the ALJ issued a decision in which it again concluded that Martin was not disabled. As in its initial decision, the ALJ found that Martin was disabled from January 15, 2001 to April 30, 2004, but that his heroin addiction materially contributed to the disability. The ALJ further found that Martin was not disabled from May 1, 2004 through his date last insured because, in the absence of substance abuse, he retained the residual functional capacity (“RFC”) to perform jobs learnable in one month or less that require only occasional contact with other individuals, which — according to the vocational expert (“VE”) — included the positions of assembler, sewing machine operator, and cleaner or housekeeper. The ALJ concluded that Martin “has not been disabled under the Social Security Act at any [relevant] time.” Transcript (“Tr.”) 1 587. The Appeals Council denied review, making the ALJ’s March 22, 2010 decision the final decision of the Commissioner. On May 19, 2011, Martin appealed to the District Court, which, by order entered February 20, 2013, affirmed. Martin timely appealed.

II.

The District Court had subject matter jurisdiction pursuant to 42 U.S.C. § 405(g). We have jurisdiction to review the District Court’s decision under 28 U.S.C. § 1291. Our review is limited to determining whether substantial evidence supports the ALJ’s finding that Martin was not disabled. 42 U.S.C. §§ 405(g), 1383(c); Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir.2005). “ ‘Substantial evidence’ has been defined as ‘more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Smith v. Califano, 637 F.2d 968, 970 (3d Cir.1981) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)).

III.

A.

The Social Security Act authorizes the Commissioner to pay social security benefits to disabled persons. 42 U.S.C. §§ 423(d), 1382. Disability is defined as the “inability 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 12 months.” Id. § 423(d)(1)(A). An individual is not disabled unless his “physical or mental impairment or impairments are 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.” Id. § 423(d)(2)(A).

The Commissioner applies a five-step test to determine whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4). The first two steps require the claimant to demonstrate that he is not currently engaging in substantial gainful activity, and that he is suffering from a severe impairment. Id. § 404.1520(a) (4) (i)-(ii). If the claimant progresses to step three, then the question becomes “whether the impairment is equivalent to one of a number of Listed Impairments [in 20 C.F.R. pt. 404, *156 subpt. P, app. 1] that the Commissioner acknowledges are so severe as to preclude substantial gainful activity.” Knepp v. Apfel, 204 F.3d 78, 84 (3d Cir.2000) (quotation marks omitted); see also 20 C.F.R. § 404.1520(a)(4)(iii). If the claimant’s specific impairment is not a Listed Impairment, the ALJ must consider whether the claimant’s impairment or combination of impairments is “medically equivalent” to a Listed Impairment. See 20 C.F.R. § 404.1526(a). An impairment or combination of impairments is “medically equivalent” to a Listed Impairment if it is “at least equal in severity and duration to the criteria of any [L]isted [I]mpairment.” Id. A claimant who satisfies step three “is conclusively presumed to be disabled.” Knepp, 204 F.3d at 84 (quotation marks omitted). A claimant who fails at step three must continue to steps four and five.

At step four, the question is “whether the claimant retains the [RFC] to perform h[is] past relevant work.” Plummer v. Apfel, 186 F.3d 422, 428 (3d Cir.1999). It is the claimant’s burden to establish an inability to return to his past relevant work. Id. If the claimant satisfies this burden, then the burden of production shifts to the Commissioner to show, at step five, that “there are other jobs existing in significant numbers in the national economy which the claimant can perform, consistent with h[is] medical impairments, age, education, past work experience, and [RFC].” Id.

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547 F. App'x 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-martin-v-commissioner-social-security-ca3-2013.