Mirabile v. Commissioner of Social Security

354 F. App'x 619
CourtCourt of Appeals for the Third Circuit
DecidedDecember 7, 2009
DocketNo. 09-1446
StatusPublished

This text of 354 F. App'x 619 (Mirabile 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
Mirabile v. Commissioner of Social Security, 354 F. App'x 619 (3d Cir. 2009).

Opinion

OPINION OF THE COURT

RENDELL, Circuit Judge.

Lisa Mirabile appeals from the District Court’s order affirming a final administrative action of the Commissioner of Social Security (the “Commissioner”). The District Court affirmed the Commissioner’s decision that Mirabile was not disabled and thus not entitled to disability insurance benefits under Title II or Supplemental Security Income under Title XVI of the Social Security Act. The Commissioner’s decision was based on the decision of Administrative Law Judge (“ALJ”) John Farley on December 21, 2006, which found that Mirabile, but for her substance abuse disorder, retained the residual functional capacity (“RFC”) to perform her past relevant work and so was not disabled. Mira-bile appeals the District Court’s order on the grounds that the ALJ’s finding was not supported by substantial evidence.

The ALJ’s finding was supported by substantial evidence, and so we will affirm.

I.

On October 27, 2004, Mirabile filed a disability benefits claim and an SSI application, in which she alleged disability due to a bipolar disorder, depression, and a social anxiety disorder, with an onset date of April 1, 2003.1 The Commissioner denied the disability benefits claim and the SSI application initially on January 31, 2005, and upon reconsideration on April 6, 2005. Mirabile then requested a hearing before an ALJ. A hearing was held before ALJ Farley on August 2, 2006. ALJ Farley concluded that Mirabile was not disabled because he found that but for her substance abuse disorder, she retained the RFC to perform her past relevant work as a motorcycle salesperson, a job she had held from 1992 to 1999. The ALJ’s decision became the Commissioner’s final decision on May 5, 2007, when the Appeals Council denied Mirabile’s request for review of the ALJ’s decision.

II.

An individual may obtain review in federal district court of the Commissioner’s final decision if the decision was made after a hearing to which the individual was a party. 42 U.S.C. § 405(g). We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over the ALJ’s application of the law, and review the ALJ’s findings of fact to determine if they are supported by “substantial evidence.” Paulos v. Comm’r of Soc. Sec., 474 F.3d 88, 91 (3d Cir.2007). “Substantial evidence” need not be a preponderance of the evidence, but it must be “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 [621]*621U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

The statutory term “disability” indicates an “inability to engage 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. § 423(d)(1)(A). To determine if a person is “disabled,” the Commissioner applies a five-step sequential analysis set forth in 20 C.F.R. §§ 404.1520 and 416.920. If a finding of disability or non-disability can be made at any step of the sequential analysis, the claim will not be reviewed further. 20 C.F.R. §§ 404.1520(a) and 416.920(a). Only the first four steps are relevant here.

At step one, the Commissioner will find non-disability unless the claimant shows that she is not engaged in any “substantial gainful activity.” 20 C.F.R. §§ 404.1520(b) and 416.920(b). If the claimant is not engaged in substantial gainful activity, then the Commissioner will find non-disability at step two unless the claimant shows that she has a “severe” impairment or combination of impairments. 20 C.F.R. §§ 404.1520(c) and 416.920(c). If a severe impairment or combination of impairments is present, the Commissioner will consider at step three whether the claimant has an impairment or combination of impairments which meets or medically equals any impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (the “Listings”). 20 C.F.R. §§ 404.1520(d) and 416.920(d). If the claimant’s impairment does meet a listed impairment, then the claimant is presumptively disabled. If the claimant’s impairment does not meet a Listed impairment, then the Commissioner assesses the claimant’s RFC to be used in the fourth and fifth steps of the evaluation. 20 C.F.R. §§ 404.1520(a)(4),(e) and 416.920(a)(4),(e). At step four, the Commissioner will find non-disability unless the claimant demonstrates that given her RFC she is unable to perform any of her past relevant work. 20 C.F.R. §§ 404.1520(e),(f) and 416.920(e),(f).

III.

Here, the ALJ applied the standard five-step analysis for evaluating disability claims. With regard to step one, the ALJ found that Mirabile had not engaged in substantial activity since her alleged onset of disability date. With regard to step two, the ALJ found that Mirabile’s bipolar disorder and substance abuse disorder were severe impairments. With regard to step three, the ALJ determined that her bipolar disorder and substance abuse disorder met Listings 12.04A(3)/B(1,2) (bipolar disorder resulting in marked restriction of activities of daily living and marked difficulties in maintaining social functioning) and 12.09B (substance addiction disorder leading to depressive syndrome). 20 C.F.R. Part 404, Subpart P, Appendix 1.

However, at step three, the ALJ also determined that Mirabile could not be considered disabled because her substance abuse was a contributing factor that was material to her having met the Listings. In cases involving drug or alcohol addiction, “[a]n individual shall not be considered to be disabled ... if alcoholism or drug addiction would (but for this subpara-graph) be a contributing factor material to the Commissioner’s determination that the individual is disabled.” 42 U.S.C. § 423(d)(2)(C). In assessing Mirabile’s RFC for purposes of step four and five, the ALJ found that if Mirabile “stopped the substance use, [she] would have the residual functional capacity to perform the basic mental demands of competitive, remunerative work on a sustained basis.” (Joint App.

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Arthur Poulos v. Commissioner of Social Security
474 F.3d 88 (Third Circuit, 2007)

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Bluebook (online)
354 F. App'x 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mirabile-v-commissioner-of-social-security-ca3-2009.