Carl Wise v. Commissioner Social Security

626 F. App'x 357
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 16, 2015
Docket14-3581
StatusUnpublished
Cited by12 cases

This text of 626 F. App'x 357 (Carl Wise 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
Carl Wise v. Commissioner Social Security, 626 F. App'x 357 (3d Cir. 2015).

Opinion

OPINION *

FISHER, Circuit Judge.

Carl Osbourne Wise appeals the District Court’s summary judgment in favor of the Commissioner of Social Security affirming the Commissioner’s denial of Wise’s disability benefits. We will affirm.

I.

We write principally for the parties, who are familiar with the factual context and legal history of this case. Therefore, we will set forth only those facts that are necessary to our analysis.

In January 2012, Wise applied for Social Security Disability Insurance Benefits and Supplemental Security Income. The basis for Wise’s applications was an alleged inability to work beginning September 6, 2011, due to various physical ailments as well as depression, anxiety, and insomnia. Wise’s applications were initially denied, so he requested a hearing before an administrative law judge (“ALJ”). Following a hearing, the ALJ concluded that Wise was not disabled because Wise had the residual functional capacity (“RFC”) to perform a range of sedentary work for which there were a significant number of jobs available in the economy. The Appeals Council denied Wise’s request for review of the ALJ’s decision, making it the Commissioner’s final decision.

Wise appealed to the District Court, and the District Court granted summary judgment in favor of the Commissioner, concluding that the ALJ’s findings were sup *359 ported by substantial evidence. Wise timely appealed.

II.

The District Court had jurisdiction under 42 U.S.C. §§ 405(g) and 1383(c)(3). We have jurisdiction under 28 U.S.C. § 1291. We exercise plenary review over the Commissioner’s legal conclusions and review the Commissioner’s factual findings for substantial evidence, “which is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” 1 In reviewing the evidence, we may not re-weigh the evidence or substitute our view for the Commissioner’s. 2

III.

The core issue on appeal is whether the ALJ erred at step five of the Social Security Administration’s five-step process 3 in concluding that Wise was capable of performing other jobs available in the national economy given his RFC. An individual’s RFC “is defined as that which an individual is still able to do despite the limitations caused by his or her impairments).” 4 In determining a claimant’s RFC, the ALJ must consider all the evidence in the record, including the medical and non-medical evidence, and the ALJ must explain his rejection of any pertinent evidence. An ALJ faced with conflicting medical opinions may choose to credit one over another as long as the ALJ gives a permissible reason for rejecting a medical opinion. 5 Provided that the RFC determination must be supported by substantial evidence, the decision is for the ALJ to make, not the treating physicians or State agents. 6

The ALJ concluded that Wise had the RFC to perform a range of sedentary work, which, in addition to physical limitations not challenged on appeal, was “limited to simple, routine, and repetitive tasks requiring no more than occasional interaction with supervisors, coworkers, and the general public.” 7 Wise contends that the ALJ’s RFC findings as to his mental limitations are inconsistent with the medical evidence showing that Wise could not handle changes in a routine work setting. For support, Wise relies on the opinion of Dr. Thomas Andrews, the State agency examining psychologist, who in a checkbox form accompanying his examination report opined that Wise was markedly limited in his ability to respond appropriately to work pressures in a usual work setting and to changes in a routine work setting. Wise also cites the opinion of Dr. John *360 Rohar, the State agency reviewing psychologist (who did not personally examine Wise), stating that Wise could “perform simple, routine, repetitive work in a stable environment.” 8 Wise contends that, by leaving out a limitation in Wise’s RFC about adapting to changes in the work setting, the ALJ wrongfully elevated his own assessment of the medical evidence above the assessment of the psychologists. We disagree.

In his explanation of his RFC findings, the ALJ expressly considered the opinions of Dr. Andrews and Dr. Rohar. Notably, and contrary to Wise’s assertions on appeal, Dr. Andrews’s and Dr. Rohar’s opinions were not unanimous. Dr. Rohar criticized Dr. Andrews’s assessment “as an overestimate of the severity” of Wise’s limitations, particularly the assessment of Wise’s inability to “mak[e] performance adjustments and mak[e] personal and social adjustments.” 9 Dr. Rohar explained that Dr. Andrews’s opinion should be discounted because it was “based on a brief clinical encounter” and relied too heavily on Wise’s “subjective report of symptoms and limitations.” 10 Dr. Rohar found that Wise’s impairments did not prevent him “from performing the basic mental demands of competitive work on a sustained basis.” 11

The ALJ assigned Dr. Andrews’s opinion only “some weight,” rejecting his con-clusory opinion about Wise’s inability to handle changes or pressures in a routine work setting because it was “based solely upon the subjective complaints of the claimant.” 12 The ALJ found that Dr. Andrews’s opinion was not supported by the objective evidence, which included evidence showing that medication appeared to successfully treat Wise’s mental health conditions; that his primary issues were social stressors; and that he was consistently alert, fully oriented, well-groomed, cooperative, and calm with normal speech, goal-directed thought processes, intact memory, and fair judgment. In discussing Wise’s subjective complaints, the ALJ also found Wise lacked credibility, in significant part because Wise’s independent and varied daily living activities belied his claims of an inability to handle work-related activities. We conclude that Dr. Rohar’s direct criticism of Dr. Andrews’s opinion and the ALJ’s discussion of the evidence in the record that implicitly supported Dr. Ro-har’s criticism provided a reasonable basis for the ALJ not to include a limitation in the RFC about Wise’s inability to adapt to normal work pressures or changes.

Other aspects of Dr. Rohar’s opinion do not compel inclusion of a limitation in the RFC on Wise’s ability to adapt to changes in a routine work setting.

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Bluebook (online)
626 F. App'x 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carl-wise-v-commissioner-social-security-ca3-2015.