Petusky v. Commissioner of Social Security

CourtDistrict Court, M.D. Pennsylvania
DecidedMay 19, 2025
Docket4:23-cv-01011
StatusUnknown

This text of Petusky v. Commissioner of Social Security (Petusky v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petusky v. Commissioner of Social Security, (M.D. Pa. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA KENNETH P.,1 ) CIVIL ACTION NO. 4:23-CV-1011 Plaintiff ) ) v. ) ) (ARBUCKLE, M.J.) COMMISSIONER OF SOCIAL ) SECURITY, ) Defendant ) MEMORANDUM OPINION I. INTRODUCTION Kenneth P. (“Plaintiff”) is an adult who lives in the Middle District of Pennsylvania. On December 8, 2006, Plaintiff was found disabled under Title II of the Social Security Act. On April 13, 2021, the Commissioner of Social Security issued a continuing disability review decision in which he concluded that Plaintiff was no longer disabled. Plaintiff seeks judicial review of the Commissioner’s continuing disability review decision. Jurisdiction is conferred on this Court pursuant to 42 U.S.C. §405(g).

1 The Committee on Court Administration and Case Management of the Judicial Conference of the United States recommends that federal courts refer to plaintiffs in social security cases by their first name and last initial. We adopt this recommendation in our opinion. Page 1 of 22 This matter is before the undersigned magistrate judge upon consent of the parties pursuant to 28 U.S.C. § 636(c). (Doc. 5). After reviewing the parties’ briefs,

the Commissioner’s continuing disability review decision, and the relevant portions of the certified administrative transcript, we find that the Commissioner's final decision is not supported by substantial evidence. Accordingly, the Commissioner’s

final decision is reversed, and this case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. II. BACKGROUND AND PROCEDURAL HISTORY Plaintiff was found disabled beginning May 8, 2006, in a decision dated

December 8, 2006. (Admin. Tr. 12; Doc. 7-2, p. 13). The Social Security Administration initiated a continuing disability review and found that Plaintiff’s disability ended on September 25, 2020 because he failed to cooperate with their attempts to gather evidence during the course of this review. (Admin. Tr. 59-67;

Doc. 7-3, pp. 2-10).2 Plaintiff requested reconsideration, and a hearing. (Admin. Tr. 75-76; Doc. 7- 4, pp. 5-6). On February 24, 2021, a telephone hearing was conducted before a

2 20 C.F.R. § 404.1579(e)(2) (“If there is a question about whether you continue to be disabled and we ask you to give us medical or other evidence or to go for a physical or mental examination by a certain date, we will find that your disability has ended if you fail, without good cause, to do what we ask.”). Page 2 of 22 Disability Hearing Officer. (Admin. Tr. 77; Doc. 7-4, p. 7). On April 13, 2021, the Hearing Officer found that Plaintiff’s disability ended on April 13, 2021. (Admin.

Tr. 90-99; Doc. 7-4, pp. 20-29). Plaintiff requested a hearing with an Administrative Law Judge (“ALJ”). (Admin. Tr. 111; Doc. 7-4, p. 41). On January 5, 2022, an ALJ held a telephone

hearing, which was attended by Plaintiff, his attorney, and a vocational expert. (Admin. Tr. 10; Doc. 7-2, p. 11). On June 29, 2022, the ALJ issued a written decision in which he concluded that Plaintiff’s disability ended on April 13, 2021. (Admin. Tr. 21; Doc. 7-2, p. 22).

Plaintiff requested that the Appeals Council review the ALJ’s decision. (Admin. Tr. 202-04; Doc. 7-4, pp. 132-34). On April 25, 2023, the Appeals Council denied Plaintiff’s request for review. (Admin. Tr. 1-4; Doc. 7-2, pp. 2-5).

On June 21, 2023, Plaintiff filed a complaint in the district court. (Doc. 1). In the complaint, Plaintiff alleges that the ALJ’s continuing disability review decision terminating Plaintiff’s disability insurance benefits is not supported by substantial evidence. (Doc. 1, ¶ 8). As relief, Plaintiff requests that the court “find that Plaintiff

is entitled to receive Social Security Disability Insurance Benefits as a result of his impairments which have caused marked and severe functional limitations causing

Page 3 of 22 her [sic] to be considered disabled as of April 14, 2021 and continuing forward.” (Doc. 1, p. 3).

On August 11, 2023, the Commissioner filed an answer. (Doc. 6). In the answer, the Commissioner maintains that the continuing disability review decision was made in accordance with the law and is supported by substantial evidence. (Doc.

6, ¶ 6). Along with his answer, the Commissioner filed a certified transcript of the administrative record. (Doc. 7). Plaintiff’s Brief (Doc. 8) and the Commissioner’s Brief (Doc. 10) have been filed. Plaintiff did not file a reply brief. This matter is now ready to decide.

III. LEGAL STANDARD A district court’s review of ALJ decisions in social security cases is limited to the question of whether the findings of the final decision-maker are supported by substantial evidence in the record.3 Substantial evidence “does not mean a large or

considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”4 Substantial evidence is less than a preponderance of the evidence but more than a mere scintilla.5 A single

3 See 42 U.S.C. § 405(g); Johnson v. Comm’r of Soc. Sec., 529 F.3d 198, 200 (3d Cir. 2008); Ficca v. Astrue, 901 F. Supp. 2d 533, 536 (M.D. Pa. 2012). 4 Pierce v. Underwood, 487 U.S. 552, 565 (1988). 5 Richardson v. Perales, 402 U.S. 389, 401 (1971). Page 4 of 22 piece of evidence is not substantial if the ALJ ignores countervailing evidence or fails to resolve a conflict in the record.6 In an adequately developed factual record,

substantial evidence may be “something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent [the ALJ’s decision] from being supported by substantial evidence.”7 When

determining if the Commissioner’s decision is supported by substantial evidence under sentence four of 42 U.S.C. § 405(g), the court may consider any evidence that was in the record that was made before the ALJ.8 The Supreme Court has underscored the limited scope of district court review

in this field, noting that: The phrase “substantial evidence” is a “term of art” used throughout administrative law to describe how courts are to review agency factfinding. T-Mobile South, LLC v. Roswell, 574 U.S. ––––, ––––, 135 S.Ct. 808, 815, 190 L.Ed.2d 679 (2015). Under the substantial-evidence

6 Mason v. Shalala, 994 F.2d 1058, 1064 (3d Cir. 1993). 7 Consolo v. Fed. Maritime Comm’n, 383 U.S. 607, 620 (1966). 8 Matthews v. Apfel, 239 F.3d 589, 593 (3d Cir.

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Consolo v. Federal Maritime Commission
383 U.S. 607 (Supreme Court, 1966)
Richardson v. Perales
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Pierce v. Underwood
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Dickinson v. Zurko
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Mark Hagans v. Commissioner Social Security
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Diaz v. Commissioner of Social Security
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Johnson v. Commissioner of Social Security
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Burton v. Schweiker
512 F. Supp. 913 (W.D. Pennsylvania, 1981)
United States v. Craig Claxton
766 F.3d 280 (Third Circuit, 2014)
Roseann Zirnsak v. Commissioner Social Security
777 F.3d 607 (Third Circuit, 2014)
T-Mobile South, LLC v. City of Roswell
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Biestek v. Berryhill
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Ficca v. Astrue
901 F. Supp. 2d 533 (M.D. Pennsylvania, 2012)

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