Lloyd v. Comm Social Security

47 F. App'x 135
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 24, 2002
Docket02-1498
StatusUnpublished
Cited by6 cases

This text of 47 F. App'x 135 (Lloyd 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
Lloyd v. Comm Social Security, 47 F. App'x 135 (3d Cir. 2002).

Opinion

OPINION OF THE COURT

RENDELL, Circuit Judge.

Norman Lloyd appeals from an order entered in the District Court on February 7, 2002 granting the Commissioner of Social Security’s (the “Commissioner”) motion for remand to the Administrative Law Judge for further development of the record. Lloyd argues that the District Court erred in remanding his case to the ALJ because he is entitled to social security benefits as a matter of law. We find that the District Court did not abuse its discretion in ordering remand and will therefore affirm. 1

Lloyd served in the United States Army from 1969 until August 30, 1998, most recently as a recruiter. He retired in 1998 because the military determined he was disabled and could not be retrained. His most serious physical condition is type II diabetes mellitus; he has also been diagnosed with depression by numerous doctors.

Lloyd was diagnosed with major depression in January 1998 by Marguerite G. Larson, M.D., who determined that his Global Assessment of Functioning (“GAF”) was 70. Upon later evaluation in April *136 1998, Dr. Larson found a GAF of 41. 2 In October 1998, Justin Chura, whose credentials are unknown, performed a mental health intake evaluation for the Veterans Administration; he diagnosed Lloyd with major depression and a GAF of 55. Following the intake, Psychiatrist Han Liem, M.D. concluded that Lloyd was suffering from major depression and had a GAF of 45. In January and February of 1999, when Dr. Liem again saw Lloyd, he found Lloyd’s GAF to be 40.

In April 1999, a state psychological consultant performed a Mental Residual Capacity Assessment on Lloyd. The consultant found that Lloyd retained the mental capacity to perform unskilled, routine work and that he could maintain a job if it was less stressful than his position as recruiter. In June of that same year, Edward J. Swanton, M.D. performed a psychiatric evaluation on Lloyd at Walter Reed Army Medical Center. Lloyd reported to Dr. Swanton that he was depressed and lacked motivation. Although Dr. Swanton found Lloyd to suffer from a major depressive disorder, he also determined that Lloyd was goal-directed and that his thought processes were linear and rational. Dr. Swanton assessed Lloyd as having a GAF of 50.

John Gavazzi, Psy.D., completed a Mental Residual Functional Capacity Assessment of Lloyd in November 1999 and found that although Lloyd’s social skills were reduced, he could still communicate and relate to others and respond to authority. Additionally, he found that Lloyd could complete simple and routine work tasks.

On March 12, 1999, Lloyd applied for disability insurance benefits, alleging that he was unable to work due to major depression, diabetes mellitus, migraine headaches, hypertension and patello femoral syndrome. The Social Security Administration (the “Administration”) denied his application in June 1999 and on reconsideration in November 1999. Lloyd requested and was granted an administrative hearing. On June 8, 2000, the Administrative Law Judge (“ALJ”) issued a decision holding that Lloyd could perform light, unskilled work and was therefore not disabled. Because the Appeals Council denied Lloyd’s request for review, the ALJ’s decision became the final decision of the Commissioner.

Lloyd commenced a civil action in the United States District Court for the Eastern District of Pennsylvania and moved for summary judgment that he was disabled and entitled to benefits, or, in the alternative, for remand with directions that the case be assigned to a different Administrative Law Judge. Lloyd argued that the record as it stood entitled him to benefits as a matter of law. The Commissioner moved to remand the case for further development of the record in accordance with § 405(g). In a report and recommendation issued on January 9, 2002, the Magistrate Judge found that substantial evidence supported the conclusion of the ALJ and recommended summary judgment for the Commissioner. The District Court, considering the arguments made by Lloyd and the Commissioner and the recommendation made by the Magistrate Judge, denied Lloyd’s motion for summary judgment and granted the Commissioner’s motion to remand. 3 Lloyd appeals this determination.

*137 The District Court had jurisdiction over this matter pursuant to 42 U.S.C. § 405(g) and we have jurisdiction on appeal pursuant to 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We will review the remand order for abuse of discretion. See Harman v. Apfel, 211 F.3d 1172, 1176, 1178 (9th Cir.2000); Higgins v. Apfel, 222 F.3d 504, 505 (8th Cir.2000).

In reviewing the District Court’s findings under the abuse of discretion standard, we must affirm the Court’s holding unless its decision is based upon a factual error, an improper conclusion of law, or an inappropriate application of the controlling law to the facts. Hanover Potato Products, Inc. v. Shalala, 989 F.2d 123, 127 (3d Cir.1993) (quoting NLRB v. Frazier, 966 F.2d 812, 815 (3d Cir.1992)). We have also held that an abuse of discretion can occur when “no reasonable person would adopt the district court’s view.” Id. (quoting Rode v. Dellarciprete, 892 F.2d 1177, 1182 (3d Cir.1990)). Applying this standard, we find that the District Court did not abuse its discretion in remanding the case for further development of the record. We will therefore affirm the order.

According to the Social Security Act, to claim disability insurance benefits a claimant must prove that he or she is unable to perform any “substantial gainful activity” due to a “medically determinable physical or mental impairment” and that such condition will result in death or can be expected to last or will last for twelve or more months. 42 U.S.C. § 423(d)(1)(A); Fargnoli v. Massanari, 247 F.3d 34, 38-39 (3d Cir.2001). The Administration has put forth a five-step process for evaluating disability claims. Sykes v. Apfel, 228 F.3d 259, 262 (3d Cir.2000); Welch v. Heckler,

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Bluebook (online)
47 F. App'x 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-comm-social-security-ca3-2002.