Marshall v. Comm Social Security

69 F. App'x 557
CourtCourt of Appeals for the Third Circuit
DecidedJuly 14, 2003
Docket02-3984
StatusUnpublished
Cited by1 cases

This text of 69 F. App'x 557 (Marshall 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
Marshall v. Comm Social Security, 69 F. App'x 557 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

IRENAS, Senior District Judge.

Appellant, Mary A. Marshall (“Marshall”), appeals from an order entered in the District Court on August 28, 2002, affirming the decision of the Commissioner of Social Security (“Commissioner”) denying Marshall’s application for supplemental security income (“SSI”) under Title XVI of the Social Security Act (“Act”). The District Court exercised jurisdiction pursuant to 42 U.S.C. § 405(g), and we have jurisdiction on appeal pursuant to 28 U.S.C. § 1291. We will reverse and remand the cause for further proceedings.

We need not burden the record by setting forth a detailed recitation of the background for this appeal and will therefore limit our discussion to resolution of the issues presented. Marshall filed her third application for disability on April 18, 1996, alleging disability since January 1, 1993, due to diabetes, high blood pressure, and chronic lymphedema. Marshall’s application was denied initially on May 29, 1996, and upon reconsideration on November 2, 1996. The appeal to the Administrative Law Judge (“ALJ”) was heard on June 2, 1998, and on June 26, 1998, the ALJ denied Marshall’s request for benefits. On July 15, 1998, Marshall sought review of the ALJ’s decision before the Appeals Council, which three years later, denied review. Marshall then filed suit in the District Court, which affirmed the administrative denial and Marshall now appeals.

Marshall alleges that the Commissioner committed several errors in rejecting her application. Although we have plenary review of all legal issues, see Krysztoforski v. Chater, 55 F.3d 857, 858 (3d Cir.1995), “our review of the ALJ’s decision is more deferential as we determine whether there is substantial evidence to support the decision of the Commissioner.” Knepp v. Apfel, 204 F.3d 78, 83 (3d Cir.2000). “We will not set the Commissioner’s decision aside if it is supported by substantial evidence, even if we would have decided the factual inquiry differently.” Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir.1999). We have defined “substantial evidence” as “such relevant evidence as a reasonable mind might accept as adequate.” Ventura v. Shalala, 55 F.3d 900, 901 (3d Cir.1995) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971)). As we have explained on numerous occasions, “our decisions make clear that determination of the existence vel non of substantial evidence is not merely a quantitative exercise. A single piece of evidence will not satisfy the substantiality test if the [Commissioner] ignores, or fails to resolve, a conflict created by countervailing evidence. Nor is evidence substantial if it is overwhelmed by other evidence—particularly certain types of evidence (e.g., that offered by treating physicians)—or if it really constitutes not evidence but mere conclusion.” Morales v. Apfel, 225 F.3d 310, 317 (3d Cir.2000). Despite the deference due in disability benefit cases we retain a responsibility to scrutinize the entire record and to reverse or remand if the Commissioner’s decision is not supported by substantial evidence. Id.

A claimant, in order to qualify for SSI, must demonstrate an “inability to engage *559 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. § 1382c(a)(3)(A); Burns v. Barnhart, 312 F.3d 113, 118 (3d Cir.2002). The Commissioner evaluates each case according to a five-step sequential evaluation process until a finding of “disabled” or “not disabled” is made. See 20 C.F.R. § 416.920. The process is as follows: (1) if the claimant is currently engaging in substantial gainful activity, the claimant will be found not disabled and his application for disability benefits will be automatically denied; (2) if the claimant is not suffering from a “severe” impairment or combination of impairments the claimant will be found not disabled; (3) if a severe impairment meets or equals a listed impairment in 20 C.F.R. pt. 404, subpt. P, app. 1, and has lasted or is expected to last continually for at least twelve months, then the claimant will be found disabled; (4) if the claimant is not suffering from an impairment that either meets or equals a listed impairment the Commissioner considers the claimant’s residual functional capacity (“RFC”) to determine whether the claimant can perform work the claimant has done in the past despite the severe impairment. If the claimant can perform his or her past work, the claimant will be found not disabled; and (5) if the claimant cannot perform his or her past work, the Commissioner will consider the claimant’s RFC, medical impairments, age, education, and past work experience to determine whether the claimant can perform other jobs existing in significant numbers in the national economy. 20 C.F.R. § 416.920; Plummer v. Apfel, 186 F.3d 422, 428 (3d Cir.1999). The Claimant must prove steps one through four. If the claimant meets this burden, the burden of proof shifts to the Commissioner in step five to show that the claimant is capable of attaining substantial gainful employment that exists in the national economy. Id. In the instant case, the ALJ concluded that Marshall did not have a severe mental impairment, and although she cannot perform her past relevant work, which requires continuous standing and walking, other jobs exist in the national economy that she can perform considering her RFC, age, education, and work experience.

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69 F. App'x 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-comm-social-security-ca3-2003.