Martin v. Commissioner of Social Security

369 F. App'x 411
CourtCourt of Appeals for the Third Circuit
DecidedMarch 8, 2010
DocketNo. 09-2440
StatusPublished

This text of 369 F. App'x 411 (Martin 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
Martin v. Commissioner of Social Security, 369 F. App'x 411 (3d Cir. 2010).

Opinion

OPINION

SLOVITER, Circuit Judge.

Patricia Martin appeals from the District Court’s order affirming the denial by the Administrative Law Judge (“ALJ”) of her application for Social Security Disability benefits. We will affirm.1

I.

This court’s review is limited to determining whether there was substantial evidence to support the Commissioner’s decision to deny benefits. 42 U.S.C. § 405(g). Substantial evidence is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). The Commissioner’s findings of fact are binding if they are supported by substantial evidence. Knepp v. Apfel, 204 F.3d 78, 83 (3d Cir.2000).

We assume the parties’ familiarity with the factual and procedural history, which we describe only briefly. Martin is a forty-four-year-old single woman with a ninth-grade education. Her prior experience includes work as an accounts payable clerk, a customer service worker, and a senior bank teller. Martin’s last job, a temporary position as an accounts payable clerk, ended in October 1999.

Martin filed for Disability Insurance Benefits and Supplemental Security Income in August 2000, alleging disability since January 1, 2000, due to back pain, knee pain, obesity, and depression. The Commissioner denied both Martin’s initial claim and her subsequent request for reconsideration. On April 26, 2002, the ALJ determined that Martin was not disabled after a hearing. The ALJ found that Martin’s obesity and knee arthritis constituted severe impairments, but that her depression and back pain were not severe. Accordingly, the ALJ determined that Martin retained the residual functional capacity (“RFC”) to return to her past relevant work experience.

The Social Security Administration Appeals Council denied Martin’s request for review of the ALJ hearing decision. Martin then filed an action in the United States. District Court for the District of New Jersey. The District Court found that the ALJ’s decision that Martin’s depression was not a severe impairment was unsupported by substantial evidence and remanded the case to the Commissioner for further proceedings.

On remand, the ALJ held another hearing. Martin testified that she experienced pain in her back, knees, and chest and suffered from constant headaches, and was still obese. Although Martin testified that she suffered from depression, she had not sought psychiatric treatment until shortly before the hearing, and she refused to take medication for fear of the side effects.

Medical Expert, Dr. Martin Fechner, testified that Martin’s condition would restrict her to sedentary work. However, the vocational expert Rocco Meóla testified that there were 50,000 jobs nationally (1,500 in New Jersey) for an individual with Martin’s impairments.

[413]*413After the hearing, the ALJ determined that Martin retained the RFC to perform simple, repetitive work at the sedentary level, and therefore Martin was “not under a ‘disability,’ as defined in the Social Security Act.” Tr. at 282. Martin requested review of the ALJ hearing decision, which the Appeals Council denied. Martin then filed another action in the District of New Jersey, which issued a letter opinion affirming the decision of the Commissioner. Martin timely appealed.

II.

Martin is disabled for purposes of the Social Security Act (“SSA”) only if her “physical or mental impairment or impairments are of such severity that [s]he is not only unable to do [her] 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). In determining whether a claimant is disabled under the SSA, ALJs must perform a five-step, sequential evaluation. 20 C.F.R. § 404.1520. The ALJ must review: (1) the claimant’s current work activity; (2) the medical severity and duration of the claimant’s impairments; (3) whether the claimant’s impairments meet or equal the requirements of an impairment listed in the regulations; (4) whether the claimant has the residual functional capacity to return to past relevant work; and (5) if the claimant cannot return to past relevant work, whether she can “make an adjustment to other work” in the national economy. 20 C.F.R. 404.1520(a)(4)(i)-(v). The claimant bears the burden of proof on steps one through four. Paulos v. Comm‘r of Soc. Sec., 474 F.3d 88, 92 (3d Cir.2007) (citation omitted). The Commissioner bears the burden of proving at step five that a significant number of jobs exist in the national economy that are appropriate for the claimant. Id.

The ALJ’s second decision followed this procedure in determining whether Martin met the definition of disability for purposes of the SSA. He determined that Martin had not been engaged in substantial gainful activity since her alleged disability onset date of January 1, 2000, and that Martin’s back and knee pain, obesity, and depression were “severe” impairments, “but not ‘severe’ enough to meet or medically equal, either singly or in combination” any impairments listed in the regulations. Tr. at 276. The ALJ then found that Martin’s condition prevented her from returning to her past relevant work but that she retained the RFC to do sedentary work. Taking into account Martin’s depression, the ALJ agreed with the vocational expert that there were 50,000 jobs in the national economy that Martin was capable of performing. Accordingly, the ALJ denied Martin’s claim that she was disabled within the meaning of the SSA.

The District Court remanded for the ALJ to consider how Martin’s depression impacted her RFC. Martin contends that on remand, the ALJ ignored the District Court’s order by not giving sufficient credit to the opinion of psychologist Melvin Bernstein, Ph.D., who concluded that Martin had limited ability to follow simple instructions and perform rote tasks. On remand, the ALJ adopted the District Court’s conclusion that Martin’s depression was severe. However, taking into account the opinions of physicians Christopher Oti, Joyce Nkwonta, and Praful Shah, and psychologist Wayne Tillman, Ph.D., who all concluded that Martin’s , mental state placed only mild to moderate limitations on her ability to function, the ALJ found Martin’s depression not severe enough to meet or equal a listed impairment or substantially impact her RFC. See 20 C.F.R. §§ 404.1527(d) and 416.927(d) (all medical opinions must be considered, regardless of source).

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Related

Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Warner-Lambert Company v. Breathasure, Inc.
204 F.3d 78 (Third Circuit, 2000)
Arthur Poulos v. Commissioner of Social Security
474 F.3d 88 (Third Circuit, 2007)
Diaz v. Commissioner of Social Security
577 F.3d 500 (Third Circuit, 2009)

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369 F. App'x 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-commissioner-of-social-security-ca3-2010.