Landeta v. Commissioner of Social Security

191 F. App'x 105
CourtCourt of Appeals for the Third Circuit
DecidedAugust 14, 2006
Docket05-3506
StatusUnpublished
Cited by9 cases

This text of 191 F. App'x 105 (Landeta 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
Landeta v. Commissioner of Social Security, 191 F. App'x 105 (3d Cir. 2006).

Opinion

OPINION

McKEE, Circuit Judge.

Maria Landeta appeals the District Court’s order affirming the decision of the Commissioner of Social Security denying Landeta’s application for benefits 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). 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 the procedural and factual background of this case, we need not reiterate them here except insofar as is helpful to our discussion.

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 (3d Cir.1999). Our scope of review is limited to determining if the ALJ’s denial of benefits is supported by substantial evidence. 42 U.S.C. §§ 405(g), 1383(g); Hartranft, 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). A decision by the Commissioner that is supported by substantial evidence will be upheld, even if we might have reached a different conclusion from the facts presented. Hartranft, 181 F.3d at 360.

In order to establish disability under the Social Security Act, a claimant must establish a “medically determinable basis for an *107 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)).

A claim of disability is evaluated pursuant to the five-step procedure set forth at 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. Id. Second, the Commissioner must determine whether the claimant is suffering from a severe impairment. If the claimant can not establish this, the claim will be denied at this step. Id. Third, if the claimant is suffering from a severe impairment, the Commissioner then looks at the impairments listed in 20 C.F.R. § 404.1520(d) and determines whether the claimant’s medical evidence establishes one of these impairments or its equivalent. Id. If it does not, the analysis proceeds to the next two steps. 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 that she is not able to return to her past relevant work. Id. Step four includes the following three “sub-steps”: (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 (in) “the ALJ must compare the residual functional capacity to the 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)).

Since Landeta’s claim is based in part on a mental impairment, additional regulations govern our inquiry. Id. (citing 20 C.F.R. § 404.1520a). Under these regulations, the hearing officer and the ALJ must “record the pertinent signs, symptoms, findings, functional limitations and effects of treatment contained in the case record, in order to determine if a mental impairment exists.” Id. (citing 20 C.F.R. § 404.1520a(b)(l)). If the examiner finds an impairment, he/she must determine the presence of certain medical conditions relevant to the claimant’s ability to work. Id. (citing 20 C.F.R. § 404.1520a(b)(2)). The examiner must then determine whether the mental impairment is “severe” and whether it reaches the level of a listed disorder.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
191 F. App'x 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landeta-v-commissioner-of-social-security-ca3-2006.