Cacere v. Commissioner of Social Security

189 F. App'x 59
CourtCourt of Appeals for the Third Circuit
DecidedJuly 10, 2006
Docket05-3502
StatusUnpublished
Cited by2 cases

This text of 189 F. App'x 59 (Cacere v. Commissioner of 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
Cacere v. Commissioner of Social Security, 189 F. App'x 59 (3d Cir. 2006).

Opinion

OPINION

DuBOIS, District Judge.

Appellant Yolanda Cacere (“Cacere”) appeals from an order of the District Court for the District of New Jersey affirming the final decision of the Commissioner of Social Security (“Commissioner”) which denied Social Security benefits. The District Court determined that the Commissioner’s decision was supported by substantial evidence in the administrative record. For the reasons stated below, we affirm.

I. Factual Background and Procedural History

On January 14, 2002, Cacere filed an application for Child’s Supplemental Security Income Benefits on behalf of her daughter (“claimant”), alleging disability as of October 1, 1999. In the application, Cacere alleged that claimant suffered from a learning disability, lack of sleep, and spitting. These conditions caused claimant to be tense, anxious, and lack an appetite. Clinical evaluations in the record explain that claimant suffered from adjustment, learning, and obsessive compulsive disorders.

After Cacere’s application was denied initially and upon reconsideration, Cacere requested de novo review before an Administrative Law Judge (the “ALJ”). An evidentiary hearing was held on November 13, 2003; both claimant and Cacere testified and were represented by counsel. The key evidence is summarized below.

Dr. Victor Hernandez, claimant’s treating psychiatrist, began treating claimant on September 25, 2001. The initial diagnosis was adjustment disorder with depressed mood. In the report of that examination, Dr. Hernandez noted “R/O OCD [rule out obsessive compulsive disorder].” (Tr. 122) In his report dated April 25, 2002, Dr. Hernandez noted that he prescribed Luvox for claimant’s obsessive compulsive disorder on December 12, 2001. The April 25, 2002 report includes a diagnosis, inter alia, of obsessive compulsive disorder. In that report, Dr. Hernandez opined that claimant had an “average” intellect and that her ability to reason and use judgment were “developmentally appropriate.” (Tr. 94) Dr. Hernandez’s prognosis as of April 25, 2002 was: “It is good.” (Tr. 95)

The last examination of claimant by Dr. Hernandez documented in the record was on July 31, 2003. The report of that examination noted that depressive symptoms had been “resolved” and that treatment with Luvox, which was increased from 25 milligrams “OD [once daily]” to 50 milligrams once daily on February 7, 2002, had resulted in “improvement” in claimant’s obsessive compulsive disorder symptoms. (Tr. 119)

*61 Elias Fernandez, Ph. D., administered claimant’s intelligence test in April 2002. Claimant obtained a verbal IQ of 64, a performance IQ of 72, and a full scale IQ of 65. Based on these scores, claimant was diagnosed with a learning disorder and borderline intellectual functioning. (Tr. 86) Dr. Fernandez noted, however, that “[d]ue to social and cultural factors [claimant’s] nonverbal results may be a better indication of her true abilities which place her in the low end of the borderline range.” (Tr. 85)

Dr. Lawrence Laveman performed a consultative examination of claimant on April 12, 2002. He described claimant as a “10 year-3 month old female with emotional and sleeping problems along with [a] learning disability.” (Tr. 87) Dr. Laveman added that claimant had “a prominently atypical affect, altered social awareness, altered social appropriateness and altered sense of social boundaries.” (Tr. 89)

On January 21, 2003, claimant’s Language Arts & Social Studies teacher John T. Matranga submitted a teacher questionnaire. Mr. Matranga, who had six months of experience serving as claimant’s teacher, reported that claimant had only slight problems acquiring and using information, no problems attending and completing tasks, no problems interacting and relating with others, no problems moving about and manipulating objects, and no problems caring for herself. In sum, Mr. Matranga wrote that claimant “is a very quiet, introverted student who has some difficulty with comprehension (written and oral). She is somewhat withdrawn socially but has made friends within the class.” (Tr. 105)

At a hearing before the ALJ, Cacere testified that claimant, who was in the sixth grade, was not placed in any special classes at that time but that she would soon be assigned to such classes three days a week. Cacere also explained that claimant attended an after-school tutoring program and had been receiving treatment from a psychiatrist at the Jersey City Medical Center once a month. In addition, Cacere described claimant as “absentminded, distracted” and “[i]n another world.” (Tr. 142)

Based on a review of this evidence, the ALJ determined that claimant was not disabled because she did not have a severe impairment that met, medically equaled, or functionally equaled an impairment listed in 20 C.F.R., pt. 404, subpt. P, app. 1. On February 21, 2004, the Appeals Council determined that there were no grounds for review and, therefore, the ALJ’s determination became the final decision of the Commissioner. Cacere then filed this action and sought review of the ALJ’s determination pursuant to 42 U.S.C. § 405(g). On May 17, 2005, the District Court concluded that the Commissioner’s decision was supported by substantial evidence.

II. Jurisdiction and Standard of Review

We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. On appeal from the District Court’s decision affirming the Commissioner’s denial of benefits, our review of legal issues is plenary. Sykes v. Apfel, 228 F.3d 259, 262 (3d Cir.2000). We review the ALJ’s factual findings only to determine whether they are supported by substantial evidence. Knepp v. Apfel, 204 F.3d 78, 83 (3d Cir.2000).

“Substantial evidence has been defined as ‘more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate.’ ” Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir. 1999) (quoting Ventura v. Shalala, 55 F.3d 900, 901 (3d Cir.1995)). “Where the ALJ’s findings of fact are supported by substantial evidence, we are bound by those facts, even if we would have decided the factual *62 inquiry differently.” Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir.2001).

III. Discussion

A.

Regulation § 416.924 sets out a three-step analysis for determining child disability claims. 20 C.F.R. § 416.924.

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189 F. App'x 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cacere-v-commissioner-of-social-security-ca3-2006.