Thomas Bryan v. Commissioner Social Security

383 F. App'x 140
Court of Appeals for the Third Circuit·Decided June 4, 2010·No. 09-2430·Unpublished·Cited by 67 cases

Opinion

OPINION

POLLAK, District Judge.

Appellant Thomas L. Bryan appeals the order of the United States District Court for the Middle District of Pennsylvania affirming the Social Security Commission *143 er’s denial of his claim. The Administrative Law Judge (“ALJ”) who originally evaluated the claim found that Bryan retained the residual functional capacity to perform his past work and so denied his application for Social Security Disability Insurance (“SSDI”) benefits. On appeal, Bryan argues that the Commissioner: (1) erred in failing to accord controlling weight to the opinion of his treating physician; (2) failed to properly evaluate Bryan’s subjective complaints and credibility; and (3) improperly relied on a hypothetical question to the vocational expert which did not contain a description of all of Bryan’s ailments.

We will affirm in part and reverse and remand in part.

I.

A. Procedural History

Bryan applied for SSDI benefits on October 2, 2004, alleging that he required disability benefits as of April 13, 2003. This disability claim was based on: “heart by-pass surgery, stroke, glaucoma, arthritis of the wrists, back problems, diabetes, high cholesterol, hypertension, memory problems, and ‘ticking’ in his left ear.” 1 Bryan’s claim for benefits was denied. A hearing was held before Administrative Law Judge Douglas A. Abruzzo on July 13, 2006 and continued on January 18, 2007. On March 13, 2007, the ALJ denied Bryan’s application for SSDI benefits on the ground that only one of Bryan’s ailments constituted a “severe impairment,” and despite that impairment Bryan retained the “residual functional capacity” to undertake certain types of work. Bryan sought review of this decision from the Appeals Council of the Social Security Administration, which denied his request on September 17, 2007.

On November 20, 2007, Bryan filed an action in the District Court for the Middle District of Pennsylvania seeking review of the denial of his application for benefits. Magistrate Judge Mannion issued a Report and Recommendation on October 15, 2008 recommending denial of Bryan’s complaint. The District Court adopted the Report and Recommendation by order on March 12, 2009, 2009 WL 703074. Bryan now appeals that order to this court.

B. Facts 2

Plaintiff Thomas Bryan was born on April 21, 1943. Throughout his life he has been employed as a production controller, machine operator, tester and stock person. On September 23, 2002, Bryan was admitted to the hospital subsequent to being rear-ended in a motor vehicle accident. Medical records from that day show that Bryan complained about “mild back pain,” felt “stiff and sore,” but did not suffer from any difficulties in his upper or lower extremities and had “full active range of motion of all the joints.” R. 192-193. However, x-rays from the accident revealed that Bryan was suffering from “degenerative disc disease” in his spine. R. 268. On October 7, 2002 Bryan followed up with his treating physician, Dr. Hester, complaining that he was experiencing a throbbing sensation in his head, back pain, and memory and concentration difficulties. R. 369. Bryan’s complaints about lower back pain and weakness in his lower extremities continued through 2003. R. 199-211. Records from Bryan’s visit with Dr. Hester on February 25, 2003 show that he was suffering from a clicking sensation in *144 his right ear, emotional liability, 3 hyper-cholesterolemia, Type 2 diabetes, hypertension, and lower back pain caused by degenerative disc disease. R. 315-16. Throughout late 2002 and 2003 Bryan received various forms of medical treatment, including physical therapy. On October 2, 2004, Bryan filed a protective application for disability benefits alleging that he had become unable to engage in substantial gainful employment as of April 13, 2003.

In November 2004, Dr. Gregory Bailey performed lumbar decompression surgery on Bryan. R. 383. Shortly after the surgery, Bryan reported that his back condition had improved and that he was not feeling any leg pain. R. 404. Then, in March 2005, Bryan met with a physical therapist and reported that he was again experiencing lower back pain and had a limited tolerance for standing and walking. R. 399.

II. Statutoi’y Framework

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Thomas Bryan v. Commissioner Social Security, 383 F. App'x 140 (3d Cir. 2010).

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