Quaglia v. Commissioner of Social Security

42 F. App'x 543
CourtCourt of Appeals for the Third Circuit
DecidedJuly 23, 2002
DocketNo. 02-1126
StatusPublished

This text of 42 F. App'x 543 (Quaglia 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
Quaglia v. Commissioner of Social Security, 42 F. App'x 543 (3d Cir. 2002).

Opinion

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The Appellant, Barbara Quaglia, appeals from the decision of the District Court affirming the final decision of the Commissioner of Social Security denying Quaglia’s application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) benefits. We will affirm.

I. Facts and Procedural History

Barbara Quaglia applied for DIB and SSI on March 22, 1995, claiming disability as a result of injuries from a series of car accidents beginning in March 1992. She complained of back and neck problems and stated that, as a result, she was in a great deal of pain.1

Because we are writing a not for publication opinion for the benefit of the parties, we do not recite a full summary of Quaglia’s extensive medical history with which the parties are familiar. Quaglia’s application for benefits was denied on June 15, 1995. Her request for reconsideration was denied on July 17, 1995. She requested and was granted a hearing on July 12, 1996 before an Administrative Law Judge (ALJ). The ALJ denied her application, finding that although Quaglia was not able to return to her previous work, she was able to perform sedentary and light work and was therefore not disabled under the Social Security Act. The Appeals Council denied Quaglia’s request for review of the ALJ’s decision, finding no grounds for review. Quaglia then filed suit with the United States District Court for the District of New Jersey seeking judicial review of the decision. The District Court affirmed the ALJ’s decision, concluding that the ALJ had properly considered Quaglia’s subjective complaints of pain and that the decision was supported by substantial evidence.

II. Discussion

Quaglia claims that her denial of benefits was not supported by substantial evidence as the decision did not consider Quaglia’s subjective complaints of pain as required by 20 C.F.R. § 404.1529 (2002) and omitted probative contradictory evidence in violation of the requirements set forth in Cotter v. Harris, 642 F.2d 700 (3d Cir.1981).

To receive disability benefits, a claimant must demonstrate that s/he is unable “to [545]*545engage 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), 1382c(a)(3)(A) (2002). A claimant must show that the impairment is of such severity that the claimant is unable to “engage in any other kind of substantial gainful work which exists in the national economy....” 42 U.S.C. §§ 423(d)(2)(A), 1382e(a)(3)(B). Although our review of the District Court’s decision is plenary, this court’s review of the Commissioner’s decision is limited to deciding whether the decision is supported by substantial evidence. 42 U.S.C. §§ 405(g), 1383(c)(a)(3); Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir.2001). 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.” Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988) (citations omitted).

Pursuant to 20 C.F.R. §§ 404.1520, 416.920, a five-step evaluation process is used to determine whether a person is eligible for disability benefits. The Commissioner considers: (1) whether the claimant is currently engaged in substantial gainful activity; (2) if not, whether the claimant has a “severe impairment” limiting his or her ability to perform basic work activities; (3) if so, whether the impairment meets criteria of listed impairments under the regulations, 20 C.F.R. pt. 404, subpt. P, app. 1; (4) if not, whether the claimant has the residual functional capacity to perform his or her past relevant work; and (5) if not, whether there is other work in the national economy that the claimant can perform. Sykes v. Apfel, 228 F.3d 259, 262-63 (3d Cir.2000). The claimant bears the burden of proof for steps one, two, and four; and the Commissioner bears the burden of proof for the last step. Id.

Under 20 C.F.R. §§ 404.1529 and 416.929, the Commissioner will consider all “symptoms, including pain,” in the disability determination. Statements of pain alone are not enough to establish a disability; the claimant must also present objective medical evidence to show that the medical impairment “could reasonably be expected to produce the pain or other symptoms alleged.” 20 C.F.R. § 404.1529(a). Once the Commissioner has determined from the “medical signs or laboratory findings” that the claimant has an impairment which could reasonably produce the pain, then the Commissioner must determine how the pain limits the claimant’s capacity for work. 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1).

In determining the limits on the claimant’s capacity for work, the Commissioner will consider evidence from the treating, examining and consulting physicians, observations from agency employees, and other factors such as the claimant’s daily activities, descriptions of the pain, precipitating and aggravating factors, type, dosage, effectiveness, and side effects of medications, treatment other than medication, and other measures used to relieve the pain. 20 C.F.R. §§ 404.1529(c), 416.929(c). The Commissioner will also look at inconsistencies between the claimant’s statements and the evidence presented. 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4).

In the present case, the ALJ found that Quaglia had not engaged in substantial gainful activity since June 3,1994, that her injuries did not meet the level of severity of the listed impairments under the regulations, that she was unable to resume her past relevant work as a machine operator due to the lifting requirements, but that she could perform light or sedentary work. [546]*546Based on her age, education and past work experience, the ALJ found that Quagiia was not disabled and thus was not eligible to collect SSI and DIB benefits.

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42 F. App'x 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quaglia-v-commissioner-of-social-security-ca3-2002.