Alvarado v. Colvin

147 F. Supp. 3d 297, 2015 U.S. Dist. LEXIS 153633, 2015 WL 7973831
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 13, 2015
DocketCIVIL ACTION NO. 14-4029
StatusPublished
Cited by31 cases

This text of 147 F. Supp. 3d 297 (Alvarado v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alvarado v. Colvin, 147 F. Supp. 3d 297, 2015 U.S. Dist. LEXIS 153633, 2015 WL 7973831 (E.D. Pa. 2015).

Opinion

ORDER

LAWRENCE F. STENGEL, District Judge

AND NOW, this 12th day of November, 2015, upon consideration of the plaintiffs request for review, the Commissioner’s response, and the plaintiffs reply, and after review of the Report and Recommendation of United States Chief Magistrate Judge Linda K. Caracappa, IT IS HEREBY ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The plaintiffs request for review is GRANTED;

3. The case is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of the Social Security Administration for proceedings consistent with the Report and Recommendation of United States Chief Magistrate Judge Linda K. Caracappa.

ACCORDINGLY, the Clerk of Court is directed to mark this case CLOSED.

REPORT AND RECOMMENDATION

LINDA K. CARACAPPA, UNITED STATES MAGISTRATE JUDGE

Plaintiff Omar Alvarado brought this action under 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”). denying plaintiffs claims for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) under Titles II and XVI of the Social Security Act (“Act”). Presently before this court are plaintiffs request for review, the Commissioner’s response, and plaintiffs reply. For the reasons set forth below, we recommend that plaintiffs request for review be GRANTED in part and DENIED in part.

[301]*301I. FACTUAL AND PROCEDURAL HISTORY

On January 11, 2012, plaintiff protectively filed applications for DIB and SSL (Tr. 138-150). On March 16, 2012, the Social Security Administration denied plaintiffs claims. (Tr. 82-85). Plaintiff subsequently requested a hearing before an Administrative Law Judge (“ALJ”).

On March 13, 2013, ALJ Jennifer M. Lash held a hearing, and plaintiff as well as an impartial vocational expert, Agnes Gallen, testified. (Tr. 27-63). Plaintiff was represented at the hearing-by David Chermol, Esq. On April 24, 2013, the ALJ issued an opinion finding plaintiff not disabled under the Act since June 30, 2010, the alleged onset date. (Tr. 23). Plaintiff filed a request for review, and on Febfii-ary 14, 2014, the Appeals Council denied the request for review, making the ALJ’s decision the final decision of the Commissioner. (Tr. 1-6). Plaintiff subsequently commenced this civil action with the assistance of counsel.

II. LEGAL STANDARDS

Upon judicial review, this court’s role is to determine whether the ALJ’s decision is supported by substantial evidence. 42 U.S.C. § 405(g); Pierce v. Underwood, 487 U.S. 552, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988). “Substantial evidence is more than a mere scintilla but may be somewhat less than a preponderance of the evidence.’.’ Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir.2005). Moreover, it is relevant evidence viewed objectively as adequate to support a decision. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Kangas v. Bowen, 823 F.2d 775 (3d Cir.1987); Dobrowolsky v. Califano, 606 F.2d 403 (3d Cir.1979). In determining whether substantial evidence exists, the reviewing court may not weigh the evidence or substitute its own conclusion for that of the ALJ. Burns v. Barnhart, 312 F.3d 113, 118 (3d Cir.2002). If the court determines the ALJ’s factual findings are supported by substantial evidence, then the court must accept the findings as conclusive. Richardson, 402 U.S. at 390, 91 S.Ct. 1420; Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir.1999). It is the ALJ’s responsibility to resolve conflicts in the evidence and to determine credibility and the relative weights to be given to the evidence. Richardson, 402 U.S. at 401, 91 S.Ct. 1420. While the Third Circuit has made it clear that the ALJ must analyze all relevant evidence in the record and provide an explanation for disregarding evidence, this requirement does not mandate the ALJ “to use particular language or adhere to a particular format in conducting his analysis.” Jones v. Barnhart, 364 F.3d 501, 505 (3d Cir.2004). Rather, it is meant “to ensure that there is sufficient development of the record and explanation of findings to permit meaningful review.”- Id. Moreover, apart from the substantial evidence inquiry, a reviewing court must also ensure that the ALJ applied the proper legal standards. Coria v. Heckler, 750 F.2d 245 (3d Cir.1984).

To establish a disability under the Act, the claimant must demonstrate that there is some “medically determinable basis for an impairment that prevents him from engaging in any ‘substantial gainful activity’ for a statutory twelve-month period.” Stunkard v. Sec’y of Health and Human Services, 841 F.2d 57 (3d Cir.1988) (quoting Kangas, 823 F.2d at 777); 42 U.S.C. § 423(d)(1) (1982). The claimant satisfies his burden by showing an inability to return to his past relevant work. Doak v. Heckler, 790 F.2d 26, 28 (3d Cir.1986); Rossi v. Califano, 602 F.2d 55, 57 (3d Cir.1979) (citing Baker v. Gardner, 362 F.2d 864 (3d Cir.1966)). Once this showing is made, the burden of proof shifts to [302]*302the Commissioner to show that the claimant, given his age, education, and work experience, has the ability to perform specific jobs that exist in the economy. 20 C.F.R. § 404.1520. See Rossi, 602 F.2d at 57.

As explained in the following agency regulation, each case is evaluated by the Commissioner according to a five-step process:

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Bluebook (online)
147 F. Supp. 3d 297, 2015 U.S. Dist. LEXIS 153633, 2015 WL 7973831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarado-v-colvin-paed-2015.