Garrett v. Commissioner of Social Security

274 F. App'x 159
CourtCourt of Appeals for the Third Circuit
DecidedApril 17, 2008
DocketNo. 07-1548
StatusPublished
Cited by56 cases

This text of 274 F. App'x 159 (Garrett 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
Garrett v. Commissioner of Social Security, 274 F. App'x 159 (3d Cir. 2008).

Opinion

OPINION

FUENTES, Circuit Judge:

Frances Garrett (“Garrett”) appeals the order of the District Court affirming the Commissioner of Social Security’s (the “Commissioner”) denial of her disability benefits under the Social Security Act (the “Act”). See 42 U.S.C. § 423. For the following reasons, we will affirm.

I.

Because we write only for the parties, we note only the essential facts. Garrett was born in 1956 and was 48 years old at the time of the Administrative Law [161]*161Judge’s (“ALJ”) decision denying her disability benefits. She completed the twelfth grade. Her past work experience includes employment as a data entry clerk, day care worker, receptionist, and clerk typist. Garrett filed her application for disability benefits on September 3, 2002, with an alleged onset date of November 3, 2000. She alleged severe impairments of the neck and back due to a motor vehicle accident. Her claim was denied initially and on reconsideration, and she subsequently requested a hearing before an ALJ which was held on June 7, 2004.

In a detailed opinion, the ALJ found that Garrett had not been under a disability, as defined by the Act, at any time since her alleged onset date of disability through the date of decision. Applying the familiar five-step analysis for disability claims, the ALJ found at step one that Garrett had not engaged in substantial gainful employment since her alleged onset date. At steps two and three, the ALJ found that, while Garrett’s chronic cervical and lumbo-sacral strain are “severe” within the meaning of the regulations, neither impairment was severe enough to meet or medically equal the listings in 20 C.F.R. Part 404, Subpart P, Appendix 1 (the “Listing”). After explaining why he considered Garrett’s testimony about her limitations to be less than credible, the ALJ found at step four that Garrett retained the residual functional capacity (“RFC”) to perform work at the “light” exertional level. Finally, the ALJ found that Garrett was not disabled at step four because she could perform her prior work.

Garrett filed an action in the United States District Court for the District of New Jersey seeking review of the Commissioner’s decision. In a comprehensive opinion, the District Court affirmed the Commissioner’s finding that Garrett was not disabled. Garrett timely appealed the District Court’s ruling, which we have jurisdiction to review under 28 U.S.C. § 1291.

II.

This Court “review[s] the ALJ’s decision under the same standard as the District Court to determine whether there is substantial evidence on the record to support the ALJ’s decision.” Burnett v. Comm’r of Soc. Sec., 220 F.3d 112, 118 (3d Cir.2000); see also 42 U.S.C. § 405(g). “[W]e are bound by the ALJ’s findings of fact if they are supported by substantial evidence in the record.” Knepp v. Apfel, 204 F.3d 78, 83 (3d Cir.2000). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 564-65, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988). Our review of legal issues is plenary. See Schaudeck v. Comm’r of Soc. Sec., 181 F.3d 429, 431 (3d Cir.1999).

III.

On appeal, Garrett raises many of the same arguments that she raised before the District Court. She argues that: (A) the ALJ erred at step three in finding that her impairments, when taken together, did not meet or equal in severity a Listing of Impairment, particularly Listing 1.04; and (B) the ALJ erred in determining that she retained the RFC to perform her past relevant work. We will address these arguments below.

A.

Garrett first argues that the ALJ erred at step three by: (1) stating summarily that her impairments did not meet a Listing; and (2) failing to find that her impairments, together, meet or equal List[162]*162ing 1.04.1 We agree with the District Court’s conclusion that the ALJ provided sufficient explanation for his finding, along with substantial evidence in the record, that Garrett’s impairments failed to meet or equal a Listing.

Contrary to Garrett’s assertion, the ALJ provided sufficient explanation for his conclusion that her impairments did not meet or equal in severity a Listing. As we stated in Jones v. Barnhart, 364 F.3d 501, 505 (3d Cir.2004), we do not require an ALJ to adhere to any set format for explaining his analysis so long as there is “sufficient development of the record and explanation of findings to permit meaningful judicial review.” The ALJ’s analysis at step three was more than sufficient to permit us to meaningfully review his decision.

In particular, the ALJ performed an exhaustive review of the medical record (Administrative Record [“A.R.”] 13-17) and then set forth the Listings he considered (A.R. 17). The ALJ then stated that, while the evidence indicated that Garrett suffered from chronic cervical and lumbo-sacral sprain, her impairments were not severe enough to meet or equal a Listing. The ALJ specifically noted that her impairments did not meet Listing 1.04 because, as stated in a treating orthopedist’s report, there was no evidence of motor or sensory deficiencies. (A.R. 17.) Furthermore, the ALJ specifically noted that there was no evidence of motor or sensory deficiencies, and no evidence of spinal stenosis resulting in pseudoclaudication, spinal arachnoiditis, or other manifestations, as required under Listing 1.04. The ALJ’s analysis clearly “set forth the reasons for his decision,” allowing us to meaningfully review his conclusions. See Burnett, 220 F.3d at 119.

Furthermore, there is substantial evidence in the record to support the ALJ’s conclusion that Garrett’s impairments do not meet or equal the criteria in Listing 1.04. First and foremost, Garrett provides us with no citations to any record evidence demonstrating that her impairments are of Listing-level severity. See id. at 120 n. 2 (noting that “[t]he claimant must provide sufficient medical evidence at step three to show that her impairment is equal in severity to a listed impairment. ...”). Furthermore, “ ‘[f]or a claimant to show his impairment matches a listing, it must meet all of the specified medical criteria.’ ” Jones, 364 F.3d at 504 (quoting Sullivan v. Zehley, 493 U.S. 521, 530, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990) (emphasis in original)). While Garrett’s [163]

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274 F. App'x 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-commissioner-of-social-security-ca3-2008.