Jenkins v. Commissioner of Social Security

192 F. App'x 113
CourtCourt of Appeals for the Third Circuit
DecidedAugust 18, 2006
Docket05-2677
StatusUnpublished
Cited by2 cases

This text of 192 F. App'x 113 (Jenkins 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
Jenkins v. Commissioner of Social Security, 192 F. App'x 113 (3d Cir. 2006).

Opinion

OPINION

McKEE, Circuit Judge.

Gail Jenkins appeals from the District Court’s order affirming the decision of the Commissioner of Social Security denying her application for Supplemental Security Income (“SSI”) under the Social Security Act. 42 U.S.C. § 423 et seq. The District Court had jurisdiction pursuant to 42 U.S.C. §§ 405(g) and 1383(g), and we have jurisdiction pursuant to 28 U.S.C. § 1291. For the reasons that follow, we will affirm.

I.

In as much as we write primarily for the parties who are familiar with this dispute, we need not reiterate the factual or procedural background of this appeal. The ALJ’s decision is the final decision of the Commissioner when the Appeals Council denies a request for review. Hartranft v. Apfel, 181 F.3d 358, 359. Our scope of review is limited to determining if the Commissioner’s final decision is supported by substantial evidence. 42 U.S.C. §§ 405(g), 1383(g); Hartranft v. Apfel, 181 F.3d at 360. 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)). It is “more than a mere scintilla but may be somewhat less than a preponderance of the evidence.” Ginsburg v. Richardson, 436 F.2d 1146, 1148 (3d Cir.1971) (internal citation omitted). The standard of substantial evidence includes deference to inferences drawn from the facts that are supported by substantial evidence. Schaudeck v. Comm’r, 181 F.3d 429, 431 (3d Cir.1999). A decision by the Commissioner that is supported by substantial evidence will be upheld, even we might have reached a different conclusion from the facts. Hartranft, 181 F.3d at 360.

II.

In order to establish a disability under the Social Security Act, a claimant must demonstrate a “medically determinable basis for an impairment that prevents him from engaging in any ‘substantial gainful activity’ for a statutory twelve-month period.” Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir.1999) (quoting Stunkard v. Sec’y of Health & Human Servs., 841 F.2d 57, 59 (3d Cir.1988) and 42 U.S.C. § 423(d)(1)). The claimant is prevented from engaging in any substantial gainful activity “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” Id. at 427-28 (quoting 42 U.S.C. § 423(d)(2)(A)).

*115 A disability claim is evaluated pursuant to the five-step procedure set forth by the Social Security Administration in 20 C.F.R. §§ 404.1520 and 416.920. See Plummer, 186 F.3d at 428. First, the Commissioner must determine if the claimant is currently engaging in substantial gainful activity. If so, the claim will be denied. Plummer, 186 F.3d at 428. Second, the Commissioner must determine whether the claimant is suffering from a severe impairment. If the claimant fails to make this showing, her claim will be denied. Id. Third, the Commissioner looks at the impairments listed in 20 C.F.R. § 404.1520(d) and determines whether the claimant’s medical evidence demonstrates one of these impairments or its equivalent. Id. If the determination is in the negative, the analysis proceeds to steps four and five. Fourth, the Commissioner must consider whether the claimant possesses the residual functional capacity to perform her past relevant work. Id. (citing 20 C.F.R. § 404.1520(d)). The claimant has the burden of establishing her inability to return to her past relevant work. Id. Step Four includes the following three substeps: (I) “the ALJ must make specific findings of fact as to the claimant’s residual functional capacity”; (ii) “the ALJ must make findings of the physical and mental demands of the claimant’s past relevant work”; and (iii) “the ALJ must compare the residual functional capacity to perform past relevant work to determine whether the claimant has the level of capability needed to perform the past relevant work.” Burnett v. Comm’r of Soc. Sec. Admin., 220 F.3d 112, 120 (3d Cir.2000). If the claimant meets her burden, the burden then shifts to the Commissioner for the fifth and final step. In this fifth step, the Commissioner must demonstrate that the claimant is able to perform other available work; otherwise the claim of disability must be granted. Id. (citing 20 C.F.R. § 404.1520(f)).

III.

Dr. E.V. Medrano saw Jenkins in 1992 and 1993 for neck pain. Tr. 112-13. He completed a report on July 15, 2000, which noted that Jenkins’ neurological examination was normal. Id. Her extremities also were normal. Id. Dr. F. Brand also saw Jenkins for neck pain, in 1999. Tr. 120. Dr. Brand diagnosed Jenkins’ pain as cervical radiculopathy and degenerative disc disease. Tr. 121. He prescribed Indocin, cold compress, and physical therapy. Id. We do not have any assessment by Dr. Brand concerning Jenkins’ response to treatment. Jenkins also had an MRI scan of her cervical spine in October, 1999, which showed a bulging disc with dessication at the C3-4 and C4-5 disc. Tr. 131. This medical information predates the relevant period.

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192 F. App'x 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-commissioner-of-social-security-ca3-2006.