Sincavage v. Barnhart

171 F. App'x 924
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 28, 2006
DocketNo. 05-1797
StatusPublished
Cited by318 cases

This text of 171 F. App'x 924 (Sincavage v. Barnhart) 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
Sincavage v. Barnhart, 171 F. App'x 924 (3d Cir. 2006).

Opinion

OPINION OF THE COURT

FISHER, Circuit Judge.

Eileen M. Sincavage appeals from the order of the District Court affirming the decision of the Commissioner of Social Security to deny her application for disability benefits. Sincavage argues that the record does not support the administrative law judge’s finding that her panic attacks were not a “severe impairment.” We agree and will remand this case for further proceedings.

I.

Sincavage applied for disability benefits from the Social Security Administration in March 2001. She claimed that she suffered from several physical conditions, including carpal tunnel syndrome and Graves’ Disease, and several mental conditions, including panic attacks, that rendered her disabled. An administrative law judge accepted testimony from Sincavage and reports from treating physicians and consultants, who had examined Sincavage at the Commissioner’s request.

The judge determined that Sincavage’s physical conditions qualified as a “severe impairment” but discounted her allegations of panic attacks. The judge explained, [925]*925without further analysis, that Sincavage had “made no mention of any panic attacks” during a psychological examination and had not described the “alleged anxiety or panic attack problem ... to any treater as persistent.” Because neither the examiner nor the treating physicians had found “any evidence of or [made] any diagnosis of panic attacks,” the judge determined that Sincavage’s panic attacks were not a “severe impairment.” (A.R.105-08.)

There are several inconsistencies between these conclusions and the administrative record. Foremost is that, contrary to the judge’s finding, Sincavage did mention her panic attacks during the psychological examination. The psychologist, Mr. David M. Pastucka, expressly noted in his report that Sincavage had stated that she suffered from, among other things, “panic attacks.” Nothing in the report questions the veracity of this assertion; indeed, Mr. Pastucka remarked that Sincavage had “served as a good historian.” Although Mr. Pastucka did not make a “diagnosis” of anxiety or panic attacks, these topics were outside of the scope of the referral, which was limited to “assessment of current intellectual functioning” and a test for depression. (A.R.250-51.)

The judge also failed to note several documented instances in which physicians had recognized that Sincavage suffered from panic attacks and had prescribed courses of treatment. Dr. Ralph H. Starkey, an endocrinologist, reported in 1998 that Sincavage had experienced panic attacks, and he prescribed medication to treat the condition. In 1999, Sincavage’s primary care physician, Dr. Matthew J. Kraynak, confirmed that her medical history included psychiatric problems related to “anxiety.” And, in 2001, Dr. Yasser Khoudeir, who had examined Sincavage at the request of the Commissioner, stated that Sincavage had “a history of panic attacks that are accompanied by palpitations” and suggested that she had a “[p]anic disorder.” (A.R.198-99, 201, 210, 219, 221.)

The administrative law judge did not discuss these reports, but simply concluded that the panic attacks were not a “severe impairment.” The judge determined, without assessing the impact of these attacks on Sincavage’s ability to work, that Sincavage’s physical conditions did not prevent her from performing a significant number of jobs in the national economy. On this basis, the judge denied the claim for disability benefits. The Appeals Council of the Social Security Administration subsequently denied a request for review.

Sincavage then filed a civil action in the District Court for the Middle District of Pennsylvania, seeking review of the Commissioner’s decision. She argued, among other things, that the administrative law judge had “erred when she failed to find that [the] panic attacks were a severe impairment.” A magistrate judge assigned to the case, noting that Sincavage “did nothing to get counseling and had refused her doctor’s offer to start her on antidepressants,” found that the administrative law judge had “amply discussed the relevant medical reports from [Sincavage’s] treating and examining doctors and determined that none of them diagnosed [the] panic attacks as severe.” He recommended that the appeal be denied. The District Court adopted the report and recommendation without modification.1

[926]*926This timely appeal followed. We have jurisdiction under 28 U.S.C. § 1291.

II.

Like the District Court, we may disturb the decision of the Commissioner only if it is not supported by “substantial evidence.” Burns v. Barnhart, 312 F.3d 113, 118 (3d Cir.2002) (noting that our review of the district court’s decision is plenary). Substantial evidence refers to the minimum level of proof that “a reasonable mind might accept as adequate to support a conclusion.” Jesurum v. Sec’y of U.S. Dep’t of Health & Human Servs., 48 F.3d 114, 117 (3d Cir.1995) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). Put simply, the record must disclose some rational basis for the findings of the administrative law judge. See Burnett v. Comm’r of Soc. Sec. Admin., 220 F.3d 112, 119 (3d Cir.2000).

III.

The record in this case does not support the finding that Sineavage’s panic attacks were not a “severe impairment.” An impairment, once established, must be considered “severe” unless the evidence demonstrates that it is merely a “slight abnormality,” having “no more than a minimal effect on an individual’s ability to work.” Newell v. Comm’r of Soc. Sec., 347 F.3d 541, 546-47 (3d Cir.2003) (quoting Soc. Sec. Rul. 85-28 (1985)). “Reasonable doubts on severity are to be resolved in favor of the claimant.” Id.

It is unclear from the administrative opinion whether the judge doubted the existence of Sincavage’s panic attacks, or merely their frequency and intensity. In either event, the record does not support the judge’s findings.

The panic attacks were documented in medical histories and treatment records from 1998 through 2001. Sincavage had reported the condition to her treating physicians and the examining psychologist, and she confirmed these accounts in her written submissions and testimony during administrative proceedings. (A.R.38-39, 41-43, 177-79, 191, 198-99, 201, 210, 219, 221.) There is nothing in the record to call into doubt that Sincavage did, in fact, suffer from some form of panic attacks.

Less clear is whether these attacks were frequent or intense. Sincavage claimed that they occurred on a periodic basis, sometimes several times a day, and that they lasted for fifteen minutes to three hours. (A.R.42.) These claims find support in the treatment notes of Dr. Starkey, who reported in 1998 that Sincavage had experienced four attacks in the previous two-week period.

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