Upshur v. Colvin

200 F. Supp. 3d 503, 2016 WL 4059147
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 26, 2016
DocketCIVIL ACTION NO. 15-5434
StatusPublished
Cited by12 cases

This text of 200 F. Supp. 3d 503 (Upshur v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Upshur v. Colvin, 200 F. Supp. 3d 503, 2016 WL 4059147 (E.D. Pa. 2016).

Opinion

ORDER

JOEL H. SLOMSKY, DISTRICT JUDGE ■

AND NOW, this 25th day of July 2016, upon consideration of the Plaintiffs request for review and the briefs filed by the parties, and after a review of the Report and Recommendation filed by Chief United States Magistrate Judge Linda K. Car-acappa (Doc. No, 13), it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;
2. Plaintiffs request for review is GRANTED, and the case is REMANDED to the Commissioner, under sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with Chief United States Magistrate Judge Linda K. Caracap-pa’s Report and Recommendation; and . ,
3. Judgment is entered in favor of Plaintiff, reversing the decision of the Commissioner for the purpose of this remand only.

REPORT AND RECOMMENDATION

LINDA K. CARACAPPA, UNITED STATES MAGISTRATE JUDGE

Plaintiff Troy Upshur brought this action under 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying plaintiffs claim for supplemental security income (“SSI”) under Title XVI of the Social Security Act [505]*505(“Act”). Presently before this court are plaintiffs request for review, the Commissioner’s response, and plaintiffs reply. For the reasons set forth below, we recommend that.plaintiffs request for review be GRANTED in part.

I. FACTUAL AND PROCEDURAL HISTORY

Plaintiff is a forty-six year old man, who was born on August 17, 1969. (Tr. 34). Plaintiff has a ninth grade education. (Tr. 37). Plaintiff has past relevant work as a utility worker for a hotel and banquet room. (Tr. 61).

On June 14, 2012, plaintiff protectively filed an application for SSL (Tr. 127-132). On September 10,2012, the Social Security Administration denied plaintiffs claim. (Tr. 69-73). Plaintiff subsequently requested a hearing before an Administrative Law Judge (“ALJ”).

On March 6, 2014, ALJ Nadine Overton held a hearing, and plaintiff as well as an impartial vocational expert, Bruce Martin, testified. (Tr. 28-56). Plaintiff was represented at the hearing by Nathan Tinkey, Esq. On May 30, 2014, the ALJ issued an opinion finding plaintiff not disabled under the Act since June 14, 2012, the date the application was filed. (Tr. 27). Plaintiff filed a request for review, and on August 21, 2015, the Appeals Council denied the request for review, making the ALJ’s decision the final decision of the Commissioner. (Tr. 1-5). Plaintiff subsequently commenced this civil action with the assistance of counsel.

II. LEGAL STANDARDS

Upon judicial review, this court’s role is to determine whether the ALJ’s decision is supported by substantial evidence. 42 U.S.C. § 405(g); Pierce v. Underwood, 487 U.S. 552, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988). “Substantial evidence is more than a mere scintilla but may be somewhat less than a preponderance of the evidence.” Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir.2005). Moreover, it is relevant evidence viewed objectively as adequate to support a decision. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Kangas v. Bowen, 823 F.2d 775 (3d Cir.1987); Dobrowolsky v. Califano, 606 F.2d 403 (3d Cir.1979). In determining whether substantial evidence exists, the reviewing court may not weigh the evidence or substitute its own conclusion for that of the ALJ. Burns v. Barnhart, 312 F.3d 113, 118 (3d Cir.2002). If the court determines the ALJ’s factual findings are supported by substantial evidence, then the court must accept the findings as conclusive. Richardson, 402 U.S. at 390, 91 S.Ct. 1420; Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir.1999). It is the ALJ’s responsibility to resolve conflicts in the evidence and to determine credibility and the relative weights to be given to the evidence. Richardson, 402 U.S. at 401, 91 S.Ct. 1420. While the .Third Circuit has made it clear that the ALJ must analyze all relevant evidence - in the record and provide an explanation for disregarding evidence, this requirement does not mandate the ALJ “to use particular language or adhere to a particular format in conducting his analysis.” Jones v. Barnhart, 364 F.3d 501, 505 (3d Cir.2004). Rather, it is meant “to ensure that there is sufficient development of the record and explanation of findings to permit meaningful review.” Id. Moreover, apart from the substantial evidence inquiry, a reviewing court must also ensure that the ALJ applied the proper legal standards. Coria v. Heckler, 750 F.2d 245 (3d Cir.1984).

To establish a disability under the Act, the claimant must demonstrate that there is some “medically determinable basis for an impairment that prevents him from engaging in any ‘substantial gainful activity1 for a statutory twelve-month peri[506]*506od.” Stunkard v. Sec’y of Health and Human Services, 841 F.2d 57 (3d Cir.1988) (quoting Kangas, 823 F.2d at 777); 42 U.S.C. § 423(d)(1) (1982). The claimant satisfies his burden by showing an inability to return to his past relevant work. Doak v. Heckler, 790 F.2d 26, 28 (3d Cir.1986); Rossi v. Califano, 602 F.2d 55, 57 (3d Cir.1979) (citing Baker v. Gardner, 362 F.2d 864 (3d Cir.1966)). Once this showing is made, the burden of proof shifts to the Commissioner to show that the claimant, given his age, education, and work experience, has the ability to perform specific jobs that exist in the economy. 20 C.F.R. § 404.1520. See Rossi, 602 F.2d at 57.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

THORPE v. BISIGNANO
E.D. Pennsylvania, 2025
Tirado-Negron v. Kijakazi
M.D. Pennsylvania, 2024
Foux v. Kijakazi
M.D. Pennsylvania, 2023
Handwerk v. Kijakazi
M.D. Pennsylvania, 2023
West v. Kijakazi
M.D. Pennsylvania, 2023
Simmons v. Saul
E.D. North Carolina, 2020

Cite This Page — Counsel Stack

Bluebook (online)
200 F. Supp. 3d 503, 2016 WL 4059147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upshur-v-colvin-paed-2016.