Vandetta Cunningham v. Commissioner Social Security

507 F. App'x 111
CourtCourt of Appeals for the Third Circuit
DecidedDecember 13, 2012
Docket11-2633
StatusUnpublished
Cited by53 cases

This text of 507 F. App'x 111 (Vandetta Cunningham v. Commissioner 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
Vandetta Cunningham v. Commissioner Social Security, 507 F. App'x 111 (3d Cir. 2012).

Opinion

OPINION

PER CURIAM.

Vandetta A. Cunningham appeals from an order of the District Court affirming *113 the decision of an Administrative Law Judge (“ALJ”) to deny Cunningham’s applications for disability insurance benefits and supplemental security income. We will affirm.

I.

Cunningham applied for disability insurance benefits and supplemental social security income in 2007, alleging that she. had been disabled since May 2004 due to major depression disorder, anxiety disorder, insomnia, gastrointestinal reflux disorder, fibromyalgia, panic attacks, asthma, allergies, headaches, somatoform disorder,' and hypertension. 1 - She was almost age forty-two at the time she applied for benefits, and had worked as a licensed practical nurse from 1992 until 2004. Cunningham worked for two months as a home health care nurse in 2006, but had not worked since that time.

An ALJ conducted a hearing and' denied Cunningham’s applications, concluding that the record as a whole did not establish that she was disabled. The ALJ found that Cunningham has hypertension, asthma, fi-bromyalgia/myofascial pain syndrome/myalgias, osteoarthritis, migraine headaches, anxiety disorder, depressive disorder with associated insomnia, and a history of somatoform disorder, which are severe but do not require an automatic determination of disability. Specifically, the ALJ found that the evidence regarding Cunningham’s physical impairments did not match or equal the criteria of any impairment identified by regulation as presumptively severe enough to preclude gainful activity (“listed impairment”). The ALJ made a similar finding regarding Cunningham’s mental impairments.

The ALJ then considered the impact of Cunningham’s impairments on her ability to perform work, finding that her osteoarthritis, fibromyalgia, hypertension, and migraine headaches limit her to light activity. As a result, the ALJ found that Cunningham was unable to perform her past relevant work as a licensed practical- nurse because it required medium exertion. The ALJ also found that Cunningham’s other impairments further limit her ability to work. Specifically, asthma and allergies require her to avoid frequent exposure to fumes, odors, dusts, gases, chemical irritants, temperature extremes, extreme dampness or humidity, and environments with poor ventilation, excessive noise, or excessive vibration. Her anxiety disorder, depressive disorder, and history of somato-form disorder limit her to simple, repetitive tasks and decisions,' a relatively change-free work environment, occasional interaction with others, and a stress-free environment. Based on the testimony of a vocational expert who considered these limitations, the ALJ found that Cunningham has the capacity to perform certain jobs, including a racker in a bakery, a bagger in a dry cleaner or laundry, and a small parts assembler of plastic or medical products. Accordingly, -the ALJ found that Cunningham is not disabled.

. Cunningham appealed. The Appeals Council of the Social Security Administration declined further review, making the ALJ’s decision the final decision of the Commissioner of Social Security. Cunr ningham then sought judicial review of the ALJ’s decision. The District Court affirmed and entered judgment in favor of the Commissioner. This appeal followed.

II.

We have jurisdiction pursuánt to 28 U.S.C. § 1291. Our review is deferential, as it is limited to determining whether the *114 ALJ’s decision is supported by substantial evidence. See, e.g., Brown v. Astrue, 649 F.3d 193, 195 (3d Cir.2011). Substantial evidence is “ ‘more than a mere scintilla,’ and is defined as ‘such relevant evidence as a reasonable mind might accept as adequate.’ ” Plummer v. Apfel, 186 F.3d 422, 427 (3d Cir.1999) (quoting Ventura v. Shalala, 55 F.3d 900, 901 (3d Cir.1995)). If the ALJ’s findings of fact are supported by substantial evidence, we are bound by those findings, even if we would have decided the factual inquiry differently. Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir.1999).

III.

An individual who is disabled, and otherwise eligible based on income and resources, is entitled to benefits under the Social Security Act. 42 U.S.C. § 1381a. To establish disability, “a claimant must demonstrate [that] there is some ‘medically determinable basis for an impairment that prevents him from engaging in any substantial gainful activity? for a statutory twelve-month period.’ ” Plummer, 186 F.3d at 427 (quoting Stunkard v. Sec’y of Health & Human Servs., 841 F.2d 57, 59 (3d Cir.1988)). A claimant is unable to engage in any substantial gainful activity “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” Id. at 427-28 (quotation marks omitted). To determine whether a claimant is disabled, the Social Security Administration considers, in sequence, whether the claimant: (1) is engaged in substantial gainful activity; (2) has a severe impairment; (3) has an impairment that is the same as or equivalent to an impairment listed by the Administration as presumptively precluding any gainful activity; (4) can return to past relevant work despite the impairment; and (5) is capable of performing other work in the national economy. 20 C.F.R. § 404.1520; Brewster v. Heckler, 786 F.2d 581, 583-84 (3d Cir.1986).

Cunningham argues on appeal that the ALJ: (1) substituted her own opinion for the objective medical evidence to determine that Cunningham’s impairments did not match or equal listed impairments; (2) improperly used Cunningham’s ability to engage in minimal activities of daily living to conclude that she could work full-time; (3) disregarded her psychologist’s opinion that she was unable to work; and (4) disregarded the vocational expert’s testimony and identified jobs incompatible with Cunningham’s limitations. Cunningham also argues that the District Court erred by not reviewing additional evidence she submitted to the Appeals Council. For the reasons that follow, we conclude that these arguments lack merit.

A.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
507 F. App'x 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vandetta-cunningham-v-commissioner-social-security-ca3-2012.