Sassone v. Commissioner of Social Security

165 F. App'x 954
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 20, 2006
Docket05-2089
StatusUnpublished
Cited by14 cases

This text of 165 F. App'x 954 (Sassone 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
Sassone v. Commissioner of Social Security, 165 F. App'x 954 (3d Cir. 2006).

Opinion

OPINION

ALDISERT, Circuit Judge.

Appellant Michael S. Sassone asks us to conclude that the District Court erred in affirming the Commissioner of the Social Security Administration’s final decision denying Sassone’s claim for Disability Insurance Benefits and Supplemental Security Income under Titles II and XVI of the Social Security Act (the “Act”). The District Court exercised jurisdiction pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). We have jurisdiction to hear this appeal pursuant to 42 U.S.C. § 405(g) and 28 U.S.C. § 1291. We conclude that substantial evidence supports the Commissioner’s determination that Sassone was capable of performing a significant number of light and sedentary jobs in the national economy, and that he thus was not disabled as defined by the Act. Accordingly, we will affirm.

I.

The parties are familiar with the facts and procedural history both in the District Court and before the Administrative Law Judge (“ALJ”), so we will discuss only the legal issues presented before us and the material facts relating thereto.

Courts may review the Commissioner’s factual findings only to determine whether they are supported by substantial evidence. See 42 U.S.C. § 405(g) (Supp.2004) (“The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive ... ”). The Supreme Court has interpreted the statutory standard of “substantial evidence” to mean “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)). Substantial evidence requires more than a mere scintilla of evidence, but less than a preponderance. Brown v. Bowen, 845 F.2d 1211, 1213 (3d Cir.1988). The presence of evidence in the record that supports a contrary conclusion does not undermine the Commissioner’s decision so long as the record provides substantial support for that decision. Blalock v. Richardson, 483 F.2d 773, 775 (4th Cir.1972). The reviewing court looks to the record as a whole, Taybron v. Harris, 667 F.2d 412, *956 413 (3d Cir.1981) (per curiam), and in assessing the extent to which the record supports the Commissioner’s conclusions, the court reviews objective medical facts, diagnoses or medical opinions based on those facts, subjective complaints of pain or disability, and the claimant’s age, education, and work history. Jones v. Harris, 497 F.Supp. 161, 167 (E.D.Pa.1980).

The Commissioner has implemented a five-step procedure for the assessment of disability claims. See 20 C.F.R. § 404.1520. We have summarized this process as follows:

In step one, the Commissioner must determine whether the claimant is currently engaging in substantial gainful activity. 20 C.F.R. § [404.11520(a). If a claimant is found to be engaged in substantial activity, the disability claim will be denied. Bowen v. Yuckert, 482 U.S. 137, 140, 107 S.Ct. 2287, 2290-91, 96 L.Ed.2d 119 (1987). In step two, the Commissioner must determine whether the claimant is suffering from a severe impairment. 20 C.F.R. § 404.1520(c). If the claimant fails to show that her impairments are “severe”, she is ineligible for disability benefits. In step three, the Commissioner compares the medical evidence of the claimant’s impairment to a list of impairments presumed severe enough to preclude any gainful work. 20 C.F.R. § 404.1520(d). If a claimant does not suffer from a listed impairment or its equivalent, the analysis proceeds to steps four and five. Step four requires the ALJ to consider whether the claimant retains the residual functional capacity to perform her past relevant work. 20 C.F.R. § 404.1520(d). The claimant bears the burden of demonstrating an inability to return to her past relevant work. Adorno v. Shalala, 40 F.3d 43, 46 (3d Cir.1994).
If the claimant is unable to resume her former occupation, the evaluation moves to the final step. At this stage, the burden of production shifts to the Commissioner, who must demonstrate [that] the claimant is capable of performing other available work in order to deny a claim of disability. 20 C.F.R. § 404.1520(f). The ALJ must show there are other jobs existing in significant numbers in the national economy which the claimant can perform, consistent with her medical impairments, age, education, past work experience, and residual functional capacity. The ALJ must analyze the cumulative effect of all the claimant’s impairments in determining whether she is capable of performing work and is not disabled. See 20 C.F.R. § 404.1523.

Plummer v. Apfel, 186 F.3d 422, 428 (3d Cir.1999).

For a claimant to recover under the Act, proof of disability must be established through objective medical evidence. 42 U.S.C. § 423(d)(5)(A). The Commissioner considers objective medical evidence to be medical signs and laboratory findings. 20 C.F.R. § 404.1529(a). An individual’s description of his or her pain or symptoms, although relevant, is not conclusive in itself. 42 U.S.C. § 423(d)(5)(A); see 20 C.F.R.

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165 F. App'x 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sassone-v-commissioner-of-social-security-ca3-2006.