Williams v. Comm Social Security

87 F. App'x 267
Procedural entryThis page is a short order in Williams v. Comm Social Security. Read the opinion of the Court — 87 F. App'x 240
Court of Appeals for the Third Circuit·Decided January 26, 2004·No. 03-3070·Unpublished

Opinion

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Edward Williams appeal from an adverse summary judgment in favor of the Commissioner of Social Security. In his June 2000 application for social security income (“SSI”) benefits, Williams alleged that he had been disabled since August 1990 because of hepatitis C, diabetes and diabetic neuropathy. Reduced to its essence, this appeal raises the question of whether substantial evidence supports the finding of the Administrative Law Judge (“ALJ”) that Williams: (1) retained the ability to perform a significant range of light work and (2) was not disabled because he could perform a significant number of jobs in the national economy, and was therefore not entitled to SSI benefits under Subchapter XVI of the Social Security Act, 42 U.S.C. § 1381, et seq.

Because we are writing only for the parties who are familiar with the proceedings in the district court and the administrative record, we will limit our discussion to the basic legal precepts and the application thereto by the Commissioner.

I.

“The Social Security Act defines disability in terms of the effect a physical or *269 mental impairment has on a person’s ability to function in the work place.” Heckler v. Campbell, 461 U.S. 458, 459-460, 103 S.Ct. 1952, 76 L.Ed.2d 66 (1983); 42 U.S.C. § 423(c) (2002). Under the Act and implementing regulations, the claimant bears the burden of establishing disability. Id.; 20 C.F.R. § 416.912 (2003).

To be eligible for benefits, a claimant must demonstrate not only that he has a medically determinable physical or mental impairment, but that such impairment is so severe that it prevents him from engaging in any substantial gainful activity that exists in the national economy. 42 U.S.C. § 423(d)(1)(A); see also Campbell, 461 U.S. at 460, 103 S.Ct. 1952; Adorno v. Shalala, 40 F.3d 43, 46 (3d Cir.1994). The Commissioner must determine whether there are jobs that exist in significant numbers in the national economy which the claimant can perform consistent with his age, education, past work experience and residual functional capacity. 20 C.F.R. § 416.920(f) (2003). The term “residual functional capacity” (“RFC”) is defined in the regulations as the most an individual can still do after considering the physical and/or mental limitations affecting his ability to perform work-related tasks. 20 C.F.R. § 416.945 (2003).

Federal court jurisdiction in social security cases is “expressly limited” by 42 U.S.C. § 405(g). Tobak v. Apfel, 195 F.3d 183, 186 (3d Cir.1999); see also 42 U.S.C. § 405(h) (stating that “[n]o findings of fact or decision of the Commissioner of Social Security shall be reviewed by any person, tribunal, or governmental agency except as herein provided”). Under that statutory provision, this Court’s review is limited to determining whether the Commissioner’s final decision is supported by substantial evidence. 42 U.S.C. §§ 405(g); 1383(c)(3); Monsour Medical Ctr. v. Heckler, 806 F.2d 1185, 1190 (3d Cir.1986).

The ALJ’s decision is the final decision of the Commissioner when the Appeals Council denies a request for review. Sims v. Apfel, 530 U.S. 103, 107, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000); Matthews v. Apfel, 239 F.3d 589, 592 (3d Cir.2001). If the ALJ’s decision is supported by substantial evidence, it must be affirmed. Richardson v. Perales, 402 U.S. 389, 390, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Matthews, 239 F.3d at 592; see also 42 U.S.C. § 405(g).

Substantial evidence is less than a preponderance of evidence and more than a mere scintilla; 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, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988) (internal quotations and citation omitted). If the evidence can justify a refusal to direct a verdict where the case is before a jury, there is “substantial evidence.” Olsen v. Schweiker, 703 F.2d 751, 753 (3d Cir.1983) (citation omitted). “We will not set the Commissioner’s decision aside if it is supported by substantial evidence, even if we would have decided the factual inquiry differently.” Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir.1999).

II.

We will affirm the judgment of the district court essentially for the reasons set forth by the district court in its twelve-page memorandum judgment order entered June 16, 2003. We agree that substantial evidence supports the ALJ’s RFC finding that Williams can perform a significant range of light work, and is therefore not disabled within the meaning of the Act.

We add these comments. At the administrative hearing the ALJ asked a vocational expert to assume a hypothetical indi *270 vidual with Williams’ age, education and work experience. The hypothetical individual could perform light work with no more than occasional climbing, balancing, stooping, kneeling, or crawling; no fíne visual acuity and no exposure to hazards, including heights and dangerous machinery. In response the experts testified that the hypothetical individual could perform more than 195,000 jobs in the national economy.

Light work generally requires lifting no more than twenty pounds at a time and ten pounds frequently. 20 C.F.R.

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Williams v. Comm Social Security, 87 F. App'x 267 (3d Cir. 2004).

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Heckler v. Campbell
461 U.S. 458 (Supreme Court, 1983)
Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Santise v. Schweiker
676 F.2d 925 (Third Circuit, 1982)
Sims v. Apfel
530 U.S. 103 (Supreme Court, 2000)
Singleton v. Schweiker
551 F. Supp. 715 (E.D. Pennsylvania, 1982)