Hansford v. Astrue

805 F. Supp. 2d 140, 2011 U.S. Dist. LEXIS 37264, 2011 WL 1327677
CourtDistrict Court, W.D. Pennsylvania
DecidedApril 6, 2011
DocketCivil Action No. 10-1351
StatusPublished
Cited by18 cases

This text of 805 F. Supp. 2d 140 (Hansford v. Astrue) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansford v. Astrue, 805 F. Supp. 2d 140, 2011 U.S. Dist. LEXIS 37264, 2011 WL 1327677 (W.D. Pa. 2011).

Opinion

MEMORANDUM OPINION

ARTHUR J. SCHWAB, District Judge.

I. Introduction

Plaintiff Keith T. Hansford (“Hansford”) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying his applications for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) benefits under Titles II and XVI of the Social Security Act (“Act”) [42 U.S.C. §§ 401^33, 1381-1383f]. Consistent with the customary practice in the Western District of Pennsylvania, the parties have filed cross-motions for summary judgment based on the record developed during the administrative proceedings. ECF Nos. 9 & 11. After careful consideration of the Commissioner’s decision, the memoranda of the parties, and the entire evidentiary record, the Court is convinced that further administrative proceedings are necessary in this case. Therefore, the motion for summary judgment filed by the Commissioner (ECF No. 11) will be denied, and the motion for summary judgment filed by Hansford (ECF No. 9) will be denied to the extent that it requests an immediate award of benefits, but granted to the extent that it seeks a vacation of the Commissioner’s administrative decision, and a remand for further proceedings. The decision of the Commissioner will be vacated, and the case will be remanded to him for further administrative proceedings consistent with [143]*143this opinion.1

II. Procedural History

Hansford protectively applied for DIB and SSI benefits on June 7, 2007, alleging disability as of January 1,2005. R. 13, 106, 112, 172. The applications were administratively denied on January 11, 2008. R. 50, 55. Hansford responded on January 29, 2008, by filing a timely request for an administrative hearing. R. 60. On September 30, 2009, a hearing was held before Administrative Law Judge James Bukes (the “ALJ”). R. 23. Hansford, who was represented by counsel, appeared and testified at the hearing. R. 26-44. Mary Beth Kopar (“Kopar”), an impartial vocational expert, also testified at the hearing. R. 44-46. In a decision dated November 3, 2009, the ALJ determined that Hans-ford was not “disabled” within the meaning of the Act. R. 10-22. The Appeals Council denied Hansford’s request for review on August 26, 2010, thereby making the ALJ’s decision the final decision of the Commissioner in this case. R. 1. Hansford commenced this action on October 14, 2010, seeking judicial review of the Commissioner’s decision. ECF Nos. 1 & 2. Hansford and the Commissioner filed cross-motions for summary judgment on March 14, 2011. ECF Nos. 9 & 11. These motions are the subject of this memorandum opinion.

III. Standard of Review

This Court’s review is plenary with respect to all questions of law. Schaudeck v. Commissioner of Social Security Administration, 181 F.3d 429, 431 (3d Cir.1999). With respect to factual issues, judicial review is limited to determining whether the Commissioner’s decision is “supported by substantial evidence.” 42 U.S.C. § 405(g); Adorno v. Shalala, 40 F.3d 43, 46 (3d Cir.1994). The Court may not undertake a de novo review of the Commissioner’s decision or re-weigh the evidence of record. Monsour Medical Center v. Heckler, 806 F.2d 1185, 1190—1191 (3d Cir.1986). Congress clearly has expressed its intention that “[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.” 42 U.S.C. § 405(g). Substantial evidence “does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988) (internal quotation marks omitted). As long as the Commissioner’s decision is supported by substantial evidence, it cannot be set aside even if this Court “would have decided the factual inquiry differently.” Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir.1999). “Overall, the substantial evidence standard is a deferential standard of review.” Jones v. Barnhart, 364 F.3d 501, 503 (3d Cir.2004).

In order to establish a disability under the Act, a claimant must demonstrate a “medically determinable basis for an impairment that prevents him [or her] from engaging in any ‘substantial gainful activity’ for a statutory twelve-month period.” Stunkard v. Secretary of Health & Human Services, 841 F.2d 57, 59 (3d Cir.1988); Kangas v. Bowen, 823 F.2d 775, 777 (3d Cir.1987); 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). A claimant is considered to be unable to engage in substantial gain[144]*144ful activity “only if his [or her] physical or mental impairment or impairments are of such severity that he [or she] is not only unable to do his [or her] previous work but cannot, considering his [or her] age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B).

To support his or her ultimate findings, an administrative law judge must do more than simply state factual conclusions. He or she must make specific findings of fact. Stewart v. Secretary of Health, Education & Welfare, 714 F.2d 287, 290 (3d Cir.1983). The administrative law judge must consider all medical evidence contained in the record and provide adequate explanations for disregarding or rejecting evidence. Wier on Behalf of Wier v. Heckler, 734 F.2d 955, 961 (3d Cir.1984); Cotter v. Harris, 642 F.2d 700, 705 (3d Cir.1981).

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Bluebook (online)
805 F. Supp. 2d 140, 2011 U.S. Dist. LEXIS 37264, 2011 WL 1327677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansford-v-astrue-pawd-2011.