Irelan v. Barnhart

82 F. App'x 66
CourtCourt of Appeals for the Third Circuit
DecidedDecember 4, 2003
DocketNo. 03-1908
StatusPublished
Cited by6 cases

This text of 82 F. App'x 66 (Irelan v. Barnhart) 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
Irelan v. Barnhart, 82 F. App'x 66 (3d Cir. 2003).

Opinion

OPINION

AMBRO, Circuit Judge.

Georgine Irelan appeals the District Court judgment affirming the denial of [68]*68supplemental security income and disability insurance benefits by the Commissioner of the Social Security Administration. At issue is whether the Commissioner’s decision is supported by substantial evidence. 42 U.S.C. §§ 405(g); Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir.1999). Because we conclude that decision is supported by substantial evidence, we affirm.

I.

Facts and Procedural History

Irelan applied for supplemental security income and disability insurance benefits in 1998.1 Irelan, age 51 at the time, alleged that she was disabled by pain in her neck, shoulder and arm from cervical disc disease, and by other gastrointestinal and gynecological diseases. An administrative law judge (“ALJ”) collected evidence at a hearing in June 2000, and issued a decision denying Irelan’s application in January 2001. In his decision, the ALJ found that Irelan’s cervical disc disease, a severe impairment, restricted her from: (1) lifting and carrying more than 10 pounds (but occasionally carrying up to 10 pounds); (2) overhead work activity with both upper extremities; (3) use of vibrating tools and machinery; (4) frequent use of arms for work activity (but occasional use of arms); (5) frequent driving; and (6) cold and damp work environments. However, the ALJ determined that Irelan retained residual functional capacity to perform light sedentary work and was thus capable of performing her past relevant work as a data entry supervisor as well as other jobs in the national economy.

In making his findings regarding Irelan’s functional limitations, the ALJ discounted the treating physician’s opinion that Irelan was restricted in her ability to sit and stand for sustained periods of time. The ALJ found that objective medical evidence did not support this opinion, which was inconsistent with the opinions of several consulting physicians who found Irelan was not restricted in her lower extremities. The ALJ also found that Irelan’s own testimony regarding her functional limitations was not credible. In making his findings regarding Irelan’s ability to return to past relevant work or other work in the national economy, the ALJ relied on a vocational expert’s testimony.

In January 2002, the Appeals Council denied Irelan’s request for review of the ALJ’s decision, making the ALJ’s determination an appealable final decision of the Commissioner. Irelan appealed the Commissioner’s decision to the United States District Court for the Eastern District of Pennsylvania. There the parties filed cross-motions for summary judgment. In October 2002 Magistrate Judge Jacob P. Hart filed a sixteen-page Report and Recommendation that the District Court grant the Commissioner’s motion and deny Irelan’s. Judge Eduardo Robreno of the District Court adopted the Magistrate’s Report in an order filed in January 2003. Judge Robreno supported his Order with a thirty-seven-page memorandum. Irelan v. Barnhart, 243 F.Supp.2d 268 (E.D.Pa. 2003).

II.

Standard of Review

Although our review of the District Court’s order is plenary, “our review of the ALJ’s decision is more deferential as we determine whether there is substantial [69]*69evidence to support the decision of the Commissioner.” Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir.2001) (quoting 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.” Ventura v. Shalala, 55 F.3d 900, 901 (3d Cir.1995). If the Commissioner’s findings of fact are supported by substantial evidence, we are bound by those findings, even if we would have decided the factual inquiry differently. Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir.1999). Thus the issue before us is whether the Commissioner’s decision that Irelan was not disabled, and thus not entitled to disability benefits, is supported by substantial evidence.

III.

The Disability Determinations Process

Eligible disabled individuals are entitled to supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383f, and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434. “Disabled individuals” are “unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months” and, because of this, are “unable to perform previous work ... or any other work which exists in the national economy.” Id. §§ 423(d)(1)(A), 1382c(a)(3)(A), (B).

The Social Security Administration has established a five-step inquiry to determine whether a claimant is eligible for benefits under the Act. A claimant must identify that: (1) she is not engaged in substantially gainful activity; (2) she suffers from a severe medical impairment; (3) her impairment is listed by the Administration as one creating a presumption of disability; (4) if the impairment is not listed, that the impairment nonetheless prevents her from doing her past relevant work. If the claimant satisfies this burden, then the Commissioner must grant benefits unless she can demonstrate (5) that there are jobs in the national economy that the claimant can perform. 20 C.F.R. §§ 404.1520, 416.920.

IV.

Analysis of Irelan’s Arguments on Appeal

A. The Commissioner’s functional limitations findings are supported by substantial evidence.

Irelan argues on appeal that the Commissioner erred in (1) discounting the opinion of her treating physician, Dr. Frye, who suggested that Irelan was restricted from standing and sitting for sustained periods of time and in (2) relying on the opinion of consulting physician, Dr. Vernick, that Irelan’s functional limitations relate only to head positioning and use of upper extremities. However, the District Court correctly concluded that substantial evidence in the record supports the Commissioner in both of these decisions.

1. The Commissioner properly discounted the treating physician’s opinion.

A treating physician’s opinion is entitled to controlling weight if it is consistent with the other substantial evidence in the record and is supported by medically acceptable clinical and laboratory diagnostic techniques. 20 C.F.R.

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Bluebook (online)
82 F. App'x 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irelan-v-barnhart-ca3-2003.