Melvin v. Commissioner of Social Security

226 F. App'x 126
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 28, 2007
Docket05-4400
StatusUnpublished
Cited by1 cases

This text of 226 F. App'x 126 (Melvin 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
Melvin v. Commissioner of Social Security, 226 F. App'x 126 (3d Cir. 2007).

Opinion

OPINION OF THE COURT

JOHN R. GIBSON, Circuit Judge.

Reginald Melvin appeals the District Court order affirming the final decision of the Commissioner of Social Security deny *128 ing his claim for disability insurance benefits. Melvin had to stop working as a bus driver after the State of New Jersey suspended the passenger endorsement on his commercial driver’s license on account of his cardiovascular disease. He argues that the ALJ failed to explain his finding that Melvin did not have a listed impairment and ignored probative medical evidence in assessing Melvin’s residual functional capacity to perform medium work. Melvin also contends that the ALJ improperly used the medical-vocational grids in the Social Security regulations as a “framework” to conclude that Melvin’s nonexertional limitation against commercial driving did not erode his occupational base sufficiently to render him disabled. The District Court had jurisdiction pursuant to 42 U.S.C. § 405(g), and appellate jurisdiction exists under 28 U.S.C. § 1291. We will AFFIRM.

At the time the ALJ heard Melvin’s claim for social security benefits, Melvin was fifty-five years old, had an eleventh-grade education, and had worked primarily as a commercial bus and truck driver. The State of New Jersey suspended the passenger endorsement on his commercial driver’s license in September 1999 because Melvin’s physical exam revealed scarring on the walls of his heart, suggesting that he had suffered undetected heart attacks. After his application for disability benefits was denied initially and on reconsideration, he requested a hearing before an ALJ. At the hearing and in questionnaires submitted to the Commissioner, Melvin complained of symptoms including chest pain, shortness of breath, numbness in his left arm, frequent urination, headaches, and dizziness. The reports of several doctors who had treated and examined Melvin were before the ALJ, and cardiologist Dr. Donald P. Peyser testified at the hearing. Melvin had been diagnosed with diabetes, hypertension, obesity, nicotine depression, and poor eyesight; he partially controlled his diabetes and hypertension with medication and wore glasses to correct his vision. While he complained of chest pain at some medical visits, at others he voiced no complaints. Without the results of Melvin’s cardiac catheterization test, Dr. Peyser was unable to conclude that Melvin had “any cardiac disease whatsoever.”

The ALJ ultimately denied Melvin’s claim for benefits, employing the familiar five-step analysis set forth in 20 C.F.R. § 404.1520. The ALJ found that Melvin was not performing substantial gainful work and that his combination of impairments was severe but did not meet or medically equal any impairment listed in the Social Security regulations. .The ALJ further found that Melvin did not have the capacity to do his past work as a bus driver because the State’s action on his driver’s license legally prevented him from operating commercial vehicles, but that Melvin retained the residual functional capacity to perform medium work. Treating Melvin’s license suspension as a nonexertional limitation against operating commercial vehicles, the ALJ concluded that Melvin was not disabled because the national economy contained a sufficient number of medium exertion jobs that did not require commercial driving.

Our review “is identical to that of the District Court, namely to determine whether there is substantial evidence to support the Commissioner’s decision.” Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir.1999). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)).

*129 First, Melvin challenges the ALJ’s finding that his impairments, though severe, did not meet or medically equal any impairment listed in the Social Security regulations, 20 C.F.R. Pt. 404, Subpt. P, App. 1. In reaching this conclusion, the ALJ stated:

The requirements of the most similar listings, sections 4.03 (hypertensive cardiovascular disease), 4.04 (ischemic heart disease) and 9.08 (diabetes mellitus) have been given particular attention in reaching this conclusion, but the clinical and laboratory evidence does not approach the levels contemplated by the listings.

Melvin likens the ALJ’s analysis of his impairment to that of the ALJ in Burnett v. Commissioner of Social Security Administration, 220 F.3d 112 (3d Cir.2000), where this Court held inadequate the ALJ’s “conclusory statement” that the claimant’s “severe musculoskeletal impairment” did not meet or equal a listed impairment, id. at 117, 119. Unlike the ALJ in Burnett, however, the ALJ in this case explained his findings in sufficient detail to allow us to conduct “meaningful judicial review.” Id. at 119. The ALJ identified the three listings relevant to Melvin’s impairments and described the medical evidence in the record, including Melvin’s symptoms and the findings of various doctors who examined him. Melvin’s diabetes and hypertension were partially controlled with medication. He had vision problems, but, with corrective lenses, his visual acuity was “excellent.” Finally, although Melvin had at times reported what might seem to be heart-related symptoms such as chest pain and shortness of breath, he performed well on his exercise test, and Dr. Peyser concluded that his episodes were atypical for cardiac problems. After the hearing, the ALJ left the record open so that Melvin could submit the results of a cardiac catheterization procedure he had recently undergone, but Melvin never submitted the report. Substantial evidence supports the ALJ’s finding that Melvin’s impairments did not meet or medically equal a listed impairment.

Melvin next argues that, in finding that he had the residual functional capacity to do medium exertion work, the ALJ gave undue weight to paid expert Dr. Peyser’s testimony and failed to consider Melvin’s subjective testimony on his inability to work and the report of his treating physician. An ALJ “must give great weight to a claimant’s subjective testimony” of his inability to work if the claimant’s testimony is “supported by competent medical evidence.” Schaudeck v. Comm’r of Soc. Sec. Admin., 181 F.3d 429, 433 (3d Cir. 1999). In this case, Melvin testified that he had chest pains and had difficulty lifting and holding everyday objects.

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226 F. App'x 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvin-v-commissioner-of-social-security-ca3-2007.