Humphreys v. Comm Social Security

127 F. App'x 73
CourtCourt of Appeals for the Third Circuit
DecidedApril 4, 2005
Docket04-2644
StatusUnpublished
Cited by5 cases

This text of 127 F. App'x 73 (Humphreys v. Comm 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
Humphreys v. Comm Social Security, 127 F. App'x 73 (3d Cir. 2005).

Opinion

OPINION

MCKEE, Circuit Judge.

Eileen M. Humphreys appeals the district court’s decision affirming the final decision of the Commissioner of Social Security denying her application for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act. 42 U.S.C. §§ 401-433. For the reasons that follow, we will affirm.

I.

Humphreys protectively filed an application for DIB on January 8, 2002, alleging that she had been disabled since February 1, 2001, due to a heart condition, depression, anxiety and hypertension. The state agency denied her application and she requested an administrative hearing. The ALJ denied Humphreys’ application, finding that she was not disabled because she could perform a significant number of jobs in the national economy. The ALJ’s decision became the final agency decision subject to judicial review when the Appeals Council denied Humphreys’ request for review. 20 C.F.R. § 404.981.

Having exhausted her administrative remedies, Humphreys filed a civil action in the district court. On cross-motions for summary judgment, the magistrate judge held that the ALJ’s decision was supported by substantial evidence. This appeal followed.

II.

Our scope of review is limited to determining if the Commissioner’s decision is supported by substantial evidence. 42 U.S.C. §§ 405(g), 1383(c)(3); Monsour Medical Ctr. v. Heckler, 806 F.2d 1185, 1190 (3d Cir.1986). The ALJ’s decision is the final decision of the Commissioner when the Appeals Council denies a request for review. Sims v. Apfel, 530 U.S. 103, 107, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000). Substantial evidence refers to that evidence that “a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)(quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). It is “more than a mere scintilla but may be somewhat less than a preponderance of the evidence.” Ginsburg v. *75 Richardson, 486 F.2d 1146, 1148 (3d Cir. 1971).

III.

Because we write only for the parties, we will discuss only briefly state the facts relevant to our disposition of this appeal. On February 6, 2001, Humphreys began reporting heart palpitations to her treating primary care physician, Christine Pascual, D.O. In late February, when the symptoms failed to resolve, Humphreys was hospitalized for triple bypass surgery. She was discharged four days later.

Dr. Paseual’s office notes from February 16, 2000 through December 1, 2001 show that Humphreys complained repeatedly of fatigue as well as stress and depression. On two separate occasions Dr. Pascual assessed Humphreys’s ability to work by completing forms that were provided by Humphrey’s private disability insurance carrier. On the form dated November 8, 2001, Dr. Pascual indicated that Humphreys could work a total of four hours a day beginning November 21, 2001, and that Humphreys was limited to carrying up to 10 pounds frequently, and eleven to twenty pounds occasionally. On March 15, 2002, Dr. Pascual informed the insurance carrier that Humphreys was unable to work and that she was permanently disabled due to weakness, fatigue, and depression and because she had a marked limitation in her ability to engage in stress situations or in interpersonal relationships.

On January 10, 2003, Humphreys’s new treating physician, Zane H. Gates, M.D., assessed Humprheys’ ability to work at the request of Humphreys’s private insurance carrier. Dr. Gates confirmed Dr. Pascual’s opinion. He opined that Humphreys could not stand or walk and could sit only one hour per day; that she could not cope with stressful situations or interpersonal relationships; and that she had markedly limited cardiac functioning. He thus concluded that she was totally disabled.

On appeal, Humphreys argues that the ALJ erred by failing to accord controlling weight to the opinions of her treating physicians. In particular, she argues that the ALJ erred because he relied on a Physical Residual Functional Capacity Assessment (“PRFCA”) prepared by John G. DiLeonardo, a state agency claims adjudicator who is not a physician. That assessment indicated that Humphreys could do light work. The ALJ therefore concluded that she could perform light work.

In Morales v. Apfel, 225 F.3d 310 (3d Cir.2000), we wrote:

A cardinal principle guiding disability eligibility determinations is that the ALJ accord treating physicians’ reports great weight, especially when their opinions reflect expert judgment based on a continuing observation of the patient’s condition over a prolonged period of time. Where, as here, the opinion of a treating physician conflicts with that of a non-treating, non-examining physician, the ALJ may choose whom to credit but cannot reject evidence for no reason or for the wrong reason. The ALJ must consider the medical findings that support a treating physician’s opinion that the claimant is disabled.
In choosing to reject the treating physician’s assessment the ALJ may not make speculative inferences from medical reports and may reject a treating physician’s opinion outright only on the basis of contradictory medical evidence and not due to his or her own credibility judgments, speculation or lay opinion.

Id. at 317 (citations and internal quotations omitted). Humphreys argues that DiLeonardo is not an acceptable medical source to provide evidence of an impairment as *76 defined by the Social Security Administration, and, therefore, it was reversible error for the ALJ to rely on the PRFCA.

We agree that DiLeonardo is not an acceptable medical source as defined by the regulations. See 20 C.F.R. § 404.1513 (Acceptable medical sources include licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists, and qualified speech-language pathologists). However, we believe that the ALJ’s limited reliance on the PRFCA was harmless because it was not the sole basis for his conclusion. The ALJ also relied upon substantial objective medical evidence that contradicted the opinions of Drs. Pascual and Gates, Humphreys’ treating physicians.

First, the objective diagnostic findings of record contradicted the treating physicians’ opinions.

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127 F. App'x 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphreys-v-comm-social-security-ca3-2005.