Leibig v. Comm Social Security

243 F. App'x 699
CourtCourt of Appeals for the Third Circuit
DecidedJune 19, 2007
Docket06-2953
StatusUnpublished
Cited by3 cases

This text of 243 F. App'x 699 (Leibig v. Comm 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
Leibig v. Comm Social Security, 243 F. App'x 699 (3d Cir. 2007).

Opinion

OPINION OF THE COURT

CHAGARES, Circuit Judge.

Warren Leibig appeals from a District Court order affirming the Commissioner of Social Security’s denial of disability insuranee benefits (“DIB”) and supplemental security income (“SSI”). Liebig argues that the decision of the administrative law judge (“ALJ”) is unsupported by substantial evidence. We disagree and will affirm the District Court’s judgment.

I.

Because we write only for the parties, we will not state the facts separately. The District Court had subject matter jurisdiction under 42 U.S.C. §§ 405(g) and 1383(c). 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 Leibig was not disabled. 42 U.S.C. §§ 405(g), 1383(c)(3); 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)).

II.

The Social Security Act gives the Commissioner authority to pay DIB and SSI 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); see also § 1382c(a)(3)(A).

*701 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. A failure of proof at step one or step two renders the claimant ineligible for DIB and SSI. See Plummer v. Apfel, 186 F.3d 422, 428 (3d Cir.1999).

If, however, the claimant progresses to step three, then the question becomes “ “whether the impairment is equivalent to one of a number of Listed Impairments that the Commissioner acknowledges are so severe as to preclude 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)). A claimant who satisfies step three “is conclusively presumed to be disabled.” Id. A claimant who fails at step three must press on to steps four and five.

Under step four, the question is “whether the claimant retains the residual functional capacity to perform [the claimant’s] past relevant work.” Plummer, 186 F.3d at 428. It is the claimant’s burden to establish an inability to return to his past relevant work. See id. A failure of proof at step four dooms the claimant’s case. See 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv).

If, however, the claimant satisfies his burden at step four, then the burden of production shifts to the Commissioner. At step five, the Commissioner “must show there are other jobs existing in significant numbers in the national economy which the claimant can perform, consistent with [the claimant’s] medical impairments, age, education, past work experience, and residual functional capacity.” Plummer, 186 F.3d at 428.

In this case, Leibig challenges the ALJ’s determinations at steps three and five. At step three, the ALJ concluded that Leibig did not satisfy Listing 104.A, which relates to spinal disorders. See 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 1.04A (2005). 1 At step five, the ALJ found that Leibig retained the ability to perform a significant number of jobs in the national economy.

Leibig’s primary contention is that substantial evidence does not support the ALJ’s decision to accord limited weight to the opinion of Dr. Abraham, Leibig’s treating physician. An “ALJ must ... pay close attention to the medical findings of a treating physician,” Brewster v. Heckler, 786 F.2d 581, 584 (3d Cir.1986), and “may reject a treating physician’s opinion outright only on the basis of contradictory medical evidence.” Morales v. Apfel, 225 F.3d 310, 317-18 (3d Cir.2000) (quotation omitted). Here, substantial evidence supports the ALJ’s decision to accord limited weight to Dr. Abraham’s conclusions. We agree with the District Court that the ALJ accepted almost all of Dr. Abraham’s conclusions, except for his opinion that Leibig could only work six hours per day. As to *702 that finding, Dr. Abraham was all alone among the physicians involved in this case. Dr. Punjabi’s view of Leibig’s functional capacity was far less restrictive than that of Dr. Abraham. Dr. Finch, the state agency physician, also offered a less restrictive functional-capacity assessment. And Dr. Sachs, a treating specialist, identified no significant functional restrictions and found no evidence of motor, sensory, or reflex abnormality. These contradictory medical assessments provide evidence that “a reasonable mind might accept as adequate to support a conclusion” that Lei-big retained the ability to perform a significant number of jobs in the national economy. See Reefer v. Barnhart,

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Bluebook (online)
243 F. App'x 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leibig-v-comm-social-security-ca3-2007.