Wanner v. Saul

CourtDistrict Court, M.D. Pennsylvania
DecidedAugust 1, 2020
Docket3:19-cv-01524
StatusUnknown

This text of Wanner v. Saul (Wanner v. Saul) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wanner v. Saul, (M.D. Pa. 2020).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA MAXIMILLIAN NAPOLEAN WANNER, CIVIL ACTION NO. 3:19-CV-01524 Plaintiff,

v. (MEHALCHICK, M.J.)

ANDREW SAUL, Commissioner of Social Security,

Defendant.

MEMORANDUM OPINION Plaintiff Maximillian Napolean Wanner (“Wanner”) brings this action under sections 205 and 1631 of the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3) (incorporating 42 U.S.C. § 405(g) by reference), for judicial review of the final decision of the Commissioner of Social Security (the “Commissioner”) denying his application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. For the following reasons, the undersigned shall order the Commissioner’s decision be vacated and remanded. I. BACKGROUND AND PROCEDURAL HISTORY In December 2016, Wanner protectively filed applications for Title II disability insurance benefits and Title XVI supplemental security income, claiming disability beginning January 4, 2004, due to bipolar disorder, Asperger’s syndrome, anxiety, and insomnia. (Doc. 5-5, at 5; Doc. 5-6, at 2). The Social Security Administration initially denied both applications in February 2017, prompting Wanner’s request for a hearing, which Administrative Law Judge (ALJ) Susan Torres held on May 10, 2018. (Doc. 5-5, at 20; Doc. 5-6, at 32-33). In a written opinion dated September 25, 2018, the ALJ determined that Wanner was not disabled from January 4, 2004, through the date of the decision, and therefore not entitled to benefits under Titles II or XVI. (Doc. 5-5, at 15). On July 3, 2019, the Appeals Council denied Wanner’s request for review. (Doc. 5-2, at 2).

On September 4, 2019, Wanner filed the instant complaint. (Doc. 1). The Commissioner responded on November 13, 2019, providing the requisite transcripts from Wanner’s disability proceedings. (Doc. 4; Doc. 5). The parties then filed their respective briefs, with Wanner raising four bases for reversal or remand. (Doc. 9; Doc. 10). II. STANDARDS OF REVIEW To receive benefits under Titles II or XVI of the Social Security Act, a claimant must demonstrate an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A); 1382c(a)(3)(A). To satisfy this requirement, a claimant

must have a severe physical or mental impairment that makes it impossible to do his or her previous work or any other substantial gainful activity that exists in significant numbers in the national economy. 42 U.S.C. § 423(d)(2)(A), 1382c(a)(3)(B); 20 C.F.R. §§ 404.1505(a), 416.905.1 Additionally, to be eligible to receive benefits under Title II of the Social Security Act, a claimant must be insured for disability insurance benefits. 42 U.S.C. § 423(a)(1)(a); 20

1 A “physical or mental impairment” is defined as an impairment resulting from “anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” 42 U.S.C. §§ 423(d)(3), 1382c(a)(3)(d).

- 2 - C.F.R. § 404.131. A. ADMINISTRATIVE REVIEW In evaluating whether a claimant is disabled, the “Social Security Administration, working through ALJs, decides whether a claimant is disabled by following a now familiar five-step analysis.” Hess v. Comm’r Soc. Sec., 931 F.3d 198, 200–01 (3d Cir. 2019). The “burden

of proof is on the claimant at all steps except step five, where the burden is on the Commissioner of Social Security.” Hess, 931 F.3d at 201; 20 C.F.R. §§ 404.1512(a)(1), 416.912(a)(1). Thus, if the claimant establishes an inability to do past relevant work at step four, the burden shifts to the Commissioner at step five to show that jobs exist in significant numbers in the national economy that the claimant could perform consistent with his or her residual functional capacity, age, education, and past work experience. 20 C.F.R. §§ 404.1512(a)(1), 416.912(a)(1). B. JUDICIAL REVIEW The Court’s review of a determination denying an application for benefits is limited “to considering whether the factual findings are supported by substantial evidence.” Katz v.

Comm’r Soc. Sec., No. 19-1268, 2019 WL 6998150, at *1 (3d Cir. Dec. 20, 2019). Substantial evidence “does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 565 (1988) (internal quotation marks omitted). Substantial evidence is less than a preponderance of the evidence but more than a mere scintilla. Richardson v. Perales, 402 U.S. 389, 401 (1971). A single piece of evidence is not substantial if the ALJ ignores countervailing evidence

- 3 - or fails to resolve a conflict created by such evidence. Mason v. Shalala, 994 F.2d 1058, 1064 (3d Cir. 1993). In an adequately developed factual record, substantial evidence may be “something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent [the ALJ’s decision] from being

supported by substantial evidence.” Consolo v. Fed. Maritime Comm’n, 383 U.S. 607, 620 (1966). “In determining if the Commissioner's decision is supported by substantial evidence the court must scrutinize the record as a whole.” Leslie v. Barnhart, 304 F. Supp. 2d 623, 627 (M.D. Pa. 2003). The question before the Court, therefore, is not whether Wanner was disabled, but whether the Commissioner’s determination that Wanner was not disabled is supported by substantial evidence and was reached based upon a correct application of the relevant law. See Arnold v. Colvin, No. 3:12-CV-02417, 2014 WL 940205, at *1 (M.D. Pa. Mar. 11, 2014) (“[I]t has been held that an ALJ’s errors of law denote a lack of substantial

evidence.”); Burton v. Schweiker, 512 F. Supp. 913, 914 (W.D. Pa. 1981) (“The [Commissioner]’s determination as to the status of a claim requires the correct application of the law to the facts.”); see also Wright v. Sullivan, 900 F.2d 675, 678 (3d Cir. 1990) (noting that the scope of review on legal matters is plenary).

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Related

Consolo v. Federal Maritime Commission
383 U.S. 607 (Supreme Court, 1966)
Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Warner-Lambert Company v. Breathasure, Inc.
204 F.3d 78 (Third Circuit, 2000)
Burton v. Schweiker
512 F. Supp. 913 (W.D. Pennsylvania, 1981)
Leslie v. Barnhart
304 F. Supp. 2d 623 (M.D. Pennsylvania, 2003)
Russell Hess, III v. Commissioner Social Security
931 F.3d 198 (Third Circuit, 2019)
Burns v. Colvin
156 F. Supp. 3d 579 (M.D. Pennsylvania, 2016)
Morder v. Colvin
216 F. Supp. 3d 516 (M.D. Pennsylvania, 2016)

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