Knox v. Commissioner of Social Security

365 F. App'x 363
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 12, 2010
DocketNo. 09-1358
StatusPublished

This text of 365 F. App'x 363 (Knox 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
Knox v. Commissioner of Social Security, 365 F. App'x 363 (3d Cir. 2010).

Opinion

[365]*365OPINION OF THE COURT

CHAGARES, Circuit Judge.

Kevin Knox appeals from a District Court order affirming the denial of Disability Insurance Benefits and Supplemental Security Income under the Social Security Act by the Commissioner of Social Security (the “Commissioner”). We will affirm.

I.

Because we write solely for the benefit of the parties, we will only briefly summarize the essential facts. On June 3, 2003, Knox filed an application for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act, alleging disability since March 16, 2002 due to HIV and pulmonary hypertension. The Commissioner denied his claims, both initially and upon reconsideration. Knox requested a hearing before an administrative law judge (“ALJ”), which was held on December 7, 2006. In a decision issued February 9, 2007, the ALJ found that Knox was not disabled for purposes of receiving Social Security benefits. The Appeals Council denied review, making the ALJ’s February 9, 2007 decision the final decision of the Commissioner. On December 21, 2007, Knox filed a complaint in District Court challenging the denial. The District Court found that the Commissioner’s decision was supported by substantial evidence. By order entered December 9, 2008, 2008 WL 5156672, the District Court dismissed the action. Knox timely appealed.

II.

The District Court had subject matter jurisdiction pursuant to 42 U.S.C. § 405(g). We have jurisdiction to review the District Court’s decision under 28 U.S.C. § 1291. Our review is limited to determining whether substantial evidence supports the ALJ’s finding that Knox was not disabled. 42 U.S.C. §§ 405(g), 1383(c); Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir. 2005). “‘Substantial evidence’ has been defined as ‘more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Smith v. Califano, 637 F.2d 968, 970 (3d Cir.1981) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)).

III.

The Social Security Act authorizes the Commissioner to pay social security benefits to disabled persons. 42 U.S.C. §§ 423(d), 1382. Disability is defined as the “inability 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 12 months.” 42 U.S.C. § 423(d)(1)(A). An individual is not disabled unless “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.” 42 U.S.C. § 423(d)(2)(A).

The Commissioner applies a five-step test to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The first two steps require the claimant to demonstrate that he is not currently engaging in substantial gainful activity, and that he is suffering from a severe impairment. Id. If the claimant progresses to step three, then the question becomes “ ‘whether the impairment is equivalent to one of a number of Listed Impairments [articulated in 20 C.F.R. Pt. 404, Subpt. P, App. 1] that the Commissioner acknowledges are so severe as to [366]*366preclude substantial gainful activity.’ ” Knepp v. Apfel, 204 F.3d 78, 84 (3d Cir. 2000) (quoting Bowen v. Yuckert, 482 U.S. 137, 141, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987)); see also 20 C.F.R. § 404.1520(a)(4)(iii). If the claimant’s specific impairment is not a Listed Impairment, the ALJ must consider whether the claimant’s impairment or combination of impairments is “medically equivalent” to a Listed Impairment. See 20 C.F.R. § 404.1526(a). An impairment or combination of impairments is “medically equivalent” to a Listed Impairment if it is “at least equal in severity and duration to the criteria of any [LJisted [I]mpairment.” Id. In other words, the claimant’s impairment “ ‘must meet all of the specified medical criteria. An impairment that manifests only some of those criteria, no matter how severely, does not qualify.’ ” Williams v. Sullivan, 970 F.2d 1178, 1186 (3d Cir.1992) (quoting Sullivan v. Zebley, 493 U.S. 521, 530, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990)). A claimant who satisfies step three “is conclusively presumed to be disabled.” Knepp, 204 F.3d at 84 (citation and quotation marks omitted). A claimant who fails at step three must continue to steps four and five.

At step four, the question is “whether the claimant retains the residual functional capacity to perform [his] past relevant work.” Plummer v. Apfel, 186 F.3d 422, 428 (3d Cir.1999). It is the claimant’s burden to establish an inability to return to his past relevant work. See id. If the claimant satisfies this burden, then the burden of production shifts to the Commissioner to show, at step five, that “there are other jobs existing in significant numbers in the national economy which the claimant can perform, consistent with her medical impairments, age, education, past work experience, and residual functional capacity.” Plummer, 186 F.3d at 428. This step requires the ALJ to consider the claimant’s residual functional capacity, age, education, and past work experience to determine whether the cumulative effect of all of the claimant’s impairments renders him capable of working. See 20 C.F.R. § 404.1520(g).

IV.

On appeal, Knox argues that the ALJ’s decision is not supported by substantial evidence.

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365 F. App'x 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knox-v-commissioner-of-social-security-ca3-2010.