O'Neill v. Astrue

991 F. Supp. 2d 510, 2013 WL 6981943, 2013 U.S. Dist. LEXIS 183609
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 6, 2013
DocketCiv. No. 12-1689
StatusPublished

This text of 991 F. Supp. 2d 510 (O'Neill v. Astrue) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Neill v. Astrue, 991 F. Supp. 2d 510, 2013 WL 6981943, 2013 U.S. Dist. LEXIS 183609 (E.D. Pa. 2013).

Opinion

ORDER

PAUL S. DIAMOND, District Judge.

AND NOW, this 6th day of May, 2013, upon consideration of Plaintiffs Brief and Statement of Issues in Support of Request for Review (Doc. No. 14), Defendant’s Response (Doc. No. 15), and Plaintiffs Reply (Doc. No. 18), and after Review of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter (Doc. No. 19), to which no objections have been filed, it is hereby ORDERED that:

1. The Report and Recommendation (Doc. No. 19) is APPROVED and ADOPTED;
2. Judgment is entered affirming the decision of the Commissioner of the Social Security Administration and the relief sought by Plaintiff is DENIED; and
3. The Clerk of Court shall mark this case closed for statistical purposes.

AND IT IS SO ORDERED.

REPORT AND RECOMMENDATION

THOMAS J. RUETER, United States Magistrate Judge.

Plaintiff, Edward J. O’Neill, filed this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying his claims for Disability Insurance benefits (“DIB”) and supplemental security income (“SSI”) under Titles II and XVI of the Social Security Act (“Act”).

Plaintiff filed a Brief and Statement of Issues in Support of Request for Review (“PL’s Br.”) and defendant filed a Response to Request for Review by Plaintiff (“Def.’s Br.”). For the reasons set forth below, this court recommends that plaintiffs Request for Review be DENIED.

I. FACTUAL AND PROCEDURAL HISTORY

Plaintiff filed applications for benefits on September 30, 2008, alleging disability be[513]*513ginning on May 1, 2001. (R. 23, 177-82.) The claims were denied initially and a request for a hearing was timely filed. (R. 95-116.) A hearing was held on May 28, 2010 before Administrative Law Judge (“ALJ”) Janice C. Volkman. (R. 38-89.) In a decision dated August 23, 2010, the ALJ found that plaintiff was not disabled under the Act. The ALJ made the following findings:

1. Claimant met the insured status requirements of the Social Security Act through September 30, 2006.
2. Claimant has not engaged in substantial gainful activity since May 1, 2001, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).
3. Claimant has the following severe impairment: low back pain (20 CFR 404.1520(c) and 416.920(c)).
4. Claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).
5. After careful consideration of the entire record, the undersigned finds that claimant has the residual functional capacity to perform the full range of light work as defined in 20 CFR 404.1567(b) and 416.967(b).
6. Claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
7. Claimant was born on June 19, 1969 and was 31 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date (20 CFR 404.1563 and 416.963).
8. Claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).
9. Transferability of job skills is not material to the determination of disability because applying the Medical-Vocational Rules directly supports a finding of “not disabled,” whether or not claimant has transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).
10. Considering claimant’s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that claimant can perform (20 CFR 404.1569, 404.1569(a), 416.969 and 416.969(a)).
11. Claimant has not been under a disability, as defined in the Social Security Act, from May 1, 2001, through the date of this decision (20 C.F.R. 404.1520(g) and 416.920(g)).

(R. 25-32.) Plaintiff filed a request for review of the ALJ’s decision. (R. 17-19.) The Appeals Council denied plaintiffs request, and the ALJ’s decision became the final decision of the Commissioner. (R. 1-B.)

II. STANDARD OF REVIEW

The role of this court on judicial review is to determine whether there is substantial evidence in the record to support the Commissioner’s decision. Jesurum v. Sec’y of United States Dep’t of Health and Human Serv., 48 F.3d 114,117 (3d Cir.1995). Substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 [514]*514L.Ed.2d 842 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). Substantial evidence is more than a mere scintilla of evidence, but may be less than a preponderance of the evidence. Jesurum, 48 F.3d at 117. This court may not “weigh the evidence nor substitute its conclusions for those of the factfinder.” Williams v. Sullivan, 970 F.2d 1178, 1182 (3d Cir.1992), cert. denied, 507 U.S. 924, 113 S.Ct. 1294, 122 L.Ed.2d 685 (1993). As the Third Circuit stated, “so long as an agency’s fact-finding is supported by substantial evidence, reviewing courts lack power to reverse ... those findings.” Monsour Med. Ctr. v. Heckler, 806 F.2d 1185, 1191 (3d Cir.1986), cert. denied, 482 U.S. 905, 107 S.Ct. 2481, 96 L.Ed.2d 373 (1987).

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Richardson v. Perales
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Bluebook (online)
991 F. Supp. 2d 510, 2013 WL 6981943, 2013 U.S. Dist. LEXIS 183609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneill-v-astrue-paed-2013.