Drejka v. Commissioner of Social Security

61 F. App'x 778
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 28, 2003
DocketNo. 02-2445
StatusPublished
Cited by5 cases

This text of 61 F. App'x 778 (Drejka 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
Drejka v. Commissioner of Social Security, 61 F. App'x 778 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Nancy L. Drejka appeals from the order of the District Court1 granting summary judgment to the Commissioner denying Drejka’s claim for disability benefits and supplemental security benefits (SSI). Because the parties are familiar with the facts and procedural background, we need discuss them only briefly.

I.

Drejka filed an application for supplemental security income on October 26, 1999, alleging disability since October 15, 1998 due to an inability to handle stress, depression, and borderline intellectual functioning. Her initial claim and motion for reconsideration were denied by the Commissioner. Following a hearing before an Administrative Law Judge (ALJ), the ALJ concluded that Drejka was not disabled as she was able to perform past substantial relevant work. The Appeals Council denied Drejka’s request for review and the decision of the ALJ is thus the final decision of the Commissioner. The Magistrate Judge found that the decision of the ALJ was supported by substantial evidence and granted the Commissioner’s motion for summary judgment. Drejka appeals to this Court.

Drejka was 38 years old at the time of the ALJ hearing. She has a tenth grade education and attended special education classes. Her past work experience includes periodic employment as a dishwasher, housekeeper, and newspaper inserter. She states that she has become disabled from all substantial gainful activity due to depression, an inability to handle stress, and her temper, which she has to control with medication.

Drejka has been married twice and has ten children. Nine of her children were removed from her care after one or more of them had been sexually abused by her husband or husbands. She then suffered a serious depression. The tenth child was [781]*781removed from her care by the State of Delaware which had determined that she was unable to care for it.

Drejka’s employment history consists of work as maid at the Dover Budget Inn in 1996, earning $2,284.23, and work as a dishwasher at the Colony Inn in 1998, earning $2,786.49. Drejka contends that she left that job because there was too much pressure as they tried to rush her. She contends she has been unable to work more recently because her medication makes her sleep a lot.

Our review of the ALJ’s decision is limited to determining whether there is substantial evidence to support the decision. 42 U.S.C. § 405(g); Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir.1999). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (quoting Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988)).

The ALJ applied the five-step inquiry, as required by the Social Security Act, to determine whether Drejka was disabled. The elements are (1) whether the claimant is engaged in substantial gainful activity; (2) whether claimant has a severe impairment; (3) whether claimant’s impairment meets or equals a listed impairment; (4) whether the claimant’s impairment prevents the claimant from doing past relevant work; and (5) whether claimant’s impairment prevents the claimant from doing any other work. 20 C.F.R. §§ 404.1520 and 416.920 (2002).

The ALJ found that Drejka was not presently engaged in substantial gainful activity and did suffer from a severe impairment but that her impairments did not prevent her from doing past relevant work as a housekeeper, dishwasher, and newspaper inserter. In the alternative, the ALJ also determined that Drejka’s impairments did not prevent her from doing other work. We must decide whether these findings are supported by substantial evidence.

A. Credibility of Claimant

Drejka argues that the ALJ’s finding that her testimony was not credible is unsupported by the evidence. She contends that the ALJ improperly discounted the credibility of her testimony, especially her claim that her anger occurred in all settings, and not just social settings as the ALJ decided.

The ALJ cited inconsistencies in the record as a reason for discounting Drejka’s testimony. For example, there is conflicting evidence in the record relating to whether Drejka was able to read or write. At the hearing, Drejka testified that she could read a little but could not write at all. As the Magistrate Judge explained, the ALJ found that Drejka’s testimony was directly contradicted by her lengthy written responses to a questionnaire in connection with a 1996 psychological examination. The ALJ also noted Dr. Bugglin’s evaluation that mentioned the possibility that Drejka was reading legal texts. Mag. Op. at 14. In addition, Drejka alleged for the first time at the ALJ hearing that she was also disabled due to physical impairments. The ALJ stated that the record lacked medical support for this allegation.

Although Drejka’s ability to read or write has no bearing on the state of her emotional and psychological conditions, contradictions as to this fact bear on her credibility. It is precisely because the ALJ is best situated to make credibility decisions that the findings of the ALJ are given deferential review. The ALJ has the duty to be the fact-finder. As the Magistrate Judge stated, “[i]n light of this contradictory objective evidence, the ALJ [782]*782[ ] assigned limited credibility to Drejka’s allegations, based on the lack of medical support for her purportedly disabling mental impairments.” Mag. Op. at 14.

We thus conclude that there is substantial evidence to support the ALJ’s finding that portions of Drejka’s testimony were not credible and that she only angered in social settings.

B. Weight Given to the Opinion of the Treating Physician

Drejka argues that the ALJ improperly disregarded the opinion of her treating physician, Dr. Graff. We have recognized that greater weight should be given to the findings of the treating physician than to a physician who has examined a claimant as consultant or who has not even seen the claimant. Mason v. Shalala, 994 F.2d 1058, 1067 (3d Cir.1993). However, when faced with conflicting medical records the ALJ is not under a mandate to accept the opinion of the treating physician as the final and only determination.

Drejka argues that the ALJ erroneously relied upon earlier assessments of her impairments that were made either by consultive examiners or examiners who never met her. She contends that when the opinion of the treating physician is based upon medical and psychological evidence found in the record, the ALJ is bound to follow it. She also contends that the opinion of her treating physician should have been afforded far greater weight than the ALJ gave to it, and that instead the ALJ made lay observations about her medical condition.

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Bluebook (online)
61 F. App'x 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drejka-v-commissioner-of-social-security-ca3-2003.