Krzywoszyja v. Commissioner of Social Security

188 F. App'x 152
CourtCourt of Appeals for the Third Circuit
DecidedAugust 8, 2006
Docket05-4348
StatusUnpublished
Cited by1 cases

This text of 188 F. App'x 152 (Krzywoszyja 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
Krzywoszyja v. Commissioner of Social Security, 188 F. App'x 152 (3d Cir. 2006).

Opinion

OPINION OF THE COURT

SILER, Circuit Judge.

Jolanta Krzywoszyja (“Jolanta”), the surviving daughter of Anna Krzywoszyja (“Anna”), deceased, seeks review of the decision of the Commissioner of Social Security (“Commissioner”) denying Anna’s application for disability insurance benefits. Anna alleged disability due to high blood pressure, headaches and general pain post-surgery. The administrative law judge (“ALJ”) ruled that Anna was not disabled prior to or on the last day of her disability insurance, December 31, 1988, within the meaning of the Act and thus denied her benefits. The district court affirmed. Because substantial evidence supported the ALJ’s finding, we also affirm.

I.

From 1965 on, Anna repaired, cleaned and serviced watches, an occupation requiring very little physical exertion. She alleged that she became disabled in 1982 due to right kidney damage, sustained while undergoing a total abdominal hysterectomy. After her surgery, she often complained of pain in the right side of her back and legs and lightheadedness. She had to he down daily due to intense headaches. Also after the surgery, Anna’s blood pressure was “sky high,” and her legs and ankles were swollen which imposed difficulty for standing or walking long distances. Anna took over-the-counter medications (such as Excedrin) for headaches and Inderal for high blood pressure. In 1991, Anna collapsed and, while she was in the hospital, doctors discovered a tumor in her left kidney and that her urethra had been sliced. She subsequently underwent dialysis, had a kidney transplant and eventually died in August 1994.

In evaluating Anna’s claim for disability benefits, the ALJ stated that notes recorded during Anna’s post-operative doctor visits revealed that she was doing well and that her incision was well-healed. Based on these physician’s notes and the claimant’s own descriptions of her medical condition, the ALJ concluded that the record did not document any condition or complication that could be associated with the surgery performed in 1982. He accordingly concluded that Jolanta’s testimony was not corroborated by either the objective evidence or the evidence of record. Because Anna was not impaired to an extent that significantly limited her ability to perform basic work-related activities, she did not have a severe impairment as required *154 for a finding of disability. 20 C.F.R. § 404.1521.

II.

The reviewing court does not engage in fact finding, so “the findings of the Commissioner [ ] as to any fact, if supported by substantial evidence, shall be conclusive ....” 42 U.S.C. § 405(g). There must be medical evidence to disprove a claimant’s testimony as to pain. Green v. Schweiker, 749 F.2d 1066, 1070 (3d Cir.1984). An ALJ must make specific findings when evaluating a claimant’s subjective pain. Hargenrader v. Califano, 575 F.2d 434 (3d Cir.1978).

III.

The Social Security Act defines disability as an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment.” Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Furthermore,

An individual shall be determined to be under a disability 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....

42 U.S.C. § 423(d)(2)(A).

Pursuant to the regulations, the ALJ engages in a five-step sequential analysis when evaluating whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4). The claimant bears the burden of proof on steps one through four; if the claimant establishes her disability according to the first four factors, then the burden shifts to the Commissioner to demonstrate that the claimant is capable of performing other work in the national economy in view of her age, education and work experience. Morales v. Apfel, 225 F.3d 310, 315-16 (3d Cir .2000).

In the present case, the ALJ engaged in the five-step sequential analysis, but concluded that the claimant did not establish a severe impairment as required by step two. The ALJ considered claimant’s allegations of pain but was not able to validate those allegations with treatment notes and no symptoms were diagnosed as resulting complications from the hysterectomy surgery.

Although the ALJ must consider subjective evidence of pain and combination of impairments, the final conclusion must be based on specific factual findings in the record. Green, 749 F.2d at 1071 (“There must be objective medical evidence of some condition that could reasonably produce pain.”). Subjective symptoms of pain can be validated if observed and treated over time by a physician. Dorf v. Bowen, 794 F.2d 896, 902 (3d Cir.1986).

Although Jolanta testified that Anna did not return to her work after surgery in 1982, she failed to show that Anna was not able to return to work. Anna’s medical records contradict Jolanta’s claims because they show that Anna was discharged in good condition. Jolanta also claims that Anna’s blood pressure was “sky high,” a claim which directly contradicts Dr. Sheflin’s, Anna’s treating physician’s, notes indicating that Anna’s blood pressure was stable post-operatively and was never excessively elevated throughout his time as Anna’s physician. Dr. Sheflin noted that Anna was “doing well” and she took over-the-counter pain relievers for her headaches. The ALJ noted “that although Jolanta’s testimony chronologically detailed the reasons for her mother’s inability to work during the period in question, her testimony is not corroborated by other *155 evidence of record. Such a result is consistent with Green, 749 F.2d at 1070.

The ALJ offered the following reasons for rejecting Jolanta’s testimony with proper citations to the record:

The record shows that in May 1981, eighteen months prior to the surgery, the claimant’s blood pressure was elevated. On March 30, 1983, the claimant was placed on Inderal, a medication used to treat both hypertension and migraine-type headaches.

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188 F. App'x 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krzywoszyja-v-commissioner-of-social-security-ca3-2006.