Lorraine Dellapolla v. Commissioner Social Security

662 F. App'x 158
CourtCourt of Appeals for the Third Circuit
DecidedDecember 1, 2016
Docket16-1484
StatusUnpublished
Cited by16 cases

This text of 662 F. App'x 158 (Lorraine Dellapolla v. Commissioner 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
Lorraine Dellapolla v. Commissioner Social Security, 662 F. App'x 158 (3d Cir. 2016).

Opinion

OPINION *

CHAGARES, Circuit Judge.

Lorraine Dellapolla appeals from the District Court’s decision denying in part her application for supplemental security benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1382-1383Í. We will affirm the District Court’s judgment.

I.

. Because we write solely for the benefit of the parties, we will only briefly summarize the essential facts.

On December 31, 2006, Dellapolla filed an application for supplemental security benefits, alleging that her disability onset date was August 15,1995. After a hearing, the Administrative Law Judge (“ALJ”) denied the application. 1 The Appeals Council (“AC”) declined to review this ALJ decision and Dellapolla sought relief in federal court. On November 7, 2012, the District Court remanded to the AC to make further findings in a number of areas. The AC decided to remand to the ALJ; it also consolidated this application with another that Dellapolla filed on January 10, 2013.

On July 11, 2013, the ALJ held another hearing. On September 20, 2013, the ALJ rendered a partially favorable decision for Dellapolla. See Administrative Record (“AR”) 538. Specifically, the ALJ found that Dellapolla suffered from severe impairments of hip bursitis, degenerative joint disease of the hip, lumbar degenerative disc disease, osteoporosis, carpal tunnel syndrome, history of right wrist tendinitis, status-post De Quervain’s release, status-post trochanteric bursa excision, and peripheral vascular disease. However, the impairments did not meet or medically equal the severity of an impairment listed *160 in 20 C.F.R. Part 404, Subpart P, Appendix 1. The ALJ determined that Dellapolla had the residual functional capacity (“RFC”) to perform sedentary work as defined in 20 C.F.R. § 416.967(a) with the following limitations: lifting or carrying no more than 10 pounds occasionally; standing or walking for no more than 2 hours; sitting for no more than 6 hours with the ability to sit or stand at will; no more than occasional climbing, balancing, stooping, kneeling, crouching, or crawling; and no use of her upper extremities, reaching overhead with her right, dominant upper extremity, or pushing or pulling with her lower extremities. Next, the ALJ found that Dellapolla was disabled as of June 22, 2012. The ALJ concluded that prior to that date, Dellapolla was not disabled because she had the RFC to perform sedentary work with the above-listed limitations, and because there existed work in significant numbers in the national economy in which Dellapolla could participate. After June 22, 2012, Dellapolla became a person “closely approaching advanced age (age 50-54),” 20 C.F.R. .§ 416.968, and there were no jobs in significant numbers in the national economy that she could perform.

Dellapolla again brought suit in federal court. On January 8, 2016, the District Court entered an order adopting the Magistrate Judge’s June 14, 2016 Report and Recommendation (“R&R”) affirming the ALJ’s decision. Dellapolla timely appealed.

II.

A.

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 Dellapolla was not disabled prior to June 22, 2012. 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)). We review applications of legal principles de novo. Krysztoforski v. Chafer, 55 F.3d 857, 858 (3d Cir. 1995).

B.

Under the Social Security Act, the Commissioner may pay social security benefits to disabled persons, defined as one whose “physical or mental impairment or impairments are of such severity that [s]he is not only unable to do his previous work but cannot, considering [her] 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 uses a five-step process when making disability determinations under 20 C.F.R. §§ 404.1520, 416.920:

First, the Commissioner considers whether the claimant is currently engaged in substantial gainful activity. If he is not, then the Commissioner considers in the second step whether the claimant has a “severe impairment” that significantly limits his physical or mental ability to perform basic work activities. If the claimant suffers a severe impairment, the third inquiry is whether, based on the medical evidence, the impairment meets the criteria of an impairment listed in the “listing of impairments,” 20 C.F.R. pt. 404, subpt. P, app. 1 (1999), which result in a presumption of disability, or whether the claimant *161 retains the capacity to work. If the impairment does not meet the criteria for a listed impairment, then the Commissioner assesses in the fourth step whether, despite the severe impairment, the claimant has the residual functional capacity to perform his past work. If the claimant cannot perform his past work, then the final step is to determine whether there is other work in the national economy that the claimant can perform. The claimant bears the burden of proof for steps one, two, and four of this test. The Commissioner bears the burden of proof for the last step.

Sykes v. Apfel, 228 F.3d 259, 262-63 (3d Cir. 2000) (citing Bowen v. Yuckert, 482 U.S. 137, 146 n.5, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987)).

III.

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Bluebook (online)
662 F. App'x 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorraine-dellapolla-v-commissioner-social-security-ca3-2016.