Wright v. Commissioner of Social Security

386 F. App'x 105
CourtCourt of Appeals for the Third Circuit
DecidedJuly 7, 2010
DocketNo. 09-2447
StatusPublished

This text of 386 F. App'x 105 (Wright v. Commissioner of 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
Wright v. Commissioner of Social Security, 386 F. App'x 105 (3d Cir. 2010).

Opinion

OPINION

TASHIMA, Circuit Judge.

Barry Wright appeals from the District Court’s order affirming the decision of the Commissioner of Social Security (“Commissioner”) denying Wright’s application for Social Security Disability Insurance Benefits and Supplemental Security Income. We will affirm.1

I.

Our review is limited to determining whether substantial evidence supports the Commissioner’s decision to deny benefits. 42 U.S.C. § 405(g). Substantial evidence is “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) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). If the Commissioner’s findings of fact are supported by substantial evidence, such findings are binding. Knepp v. Apfel, 204 F.3d 78, 83 (3d Cir.2000).

Because the parties are familiar with the facts and procedural history of the case, we describe them only briefly. Wright is a [107]*10759-year-old man with a GED and an associate’s degree in small business management. (Tr. 28, 217.) He has work experience as a longshoreman. (Tr. 105-13.) In July 2005, while working as a longshoreman, equipment Wright was operating caught on fire. (Tr. 121, 213-14, 251.) Wright sustained no physical injuries, but sought treatment for anxiety and nervousness at the Pennsylvania Hospital emergency room. (Tr. 44, 167-69.) He received treatment from Harry Doyle, M.D., whose records cover August 2005 to May 2007. (Tr. 56, 222-56.)

Wright applied for benefits on May 30, 2006, alleging disability since July 28, 2005, due to post-traumatic stress disorder (“PTSD”) resulting from the workplace fire. (Tr. 93-104.) After his application was denied on August 24, 2006, Wright sought a hearing before an Administrative Law Judge (“ALJ”). (Tr. 65, 71.)

At the September 13, 2007, hearing, the ALJ heard testimony from Wright, vocational expert Bruce Martin, and medical expert Richard Saul, M.D. (Tr. 11, 20.) Wright was represented by an attorney. (Id.)

At the hearing, Wright testified that he lives at his brother’s house, where he does his own laundry and cleans up after himself. (Tr. 38.) Wright testified that during the day he watches TV and smokes cigarettes. (Tr. 39.) Wright testified that his “life is not going good right now,” that he is “stressed out a lot,” that he is “almost going out of [his] mind,” that “people tick [him] off easily,” and that he is “just all messed up.” (Tr. 40.)

The ALJ found that Wright’s statements about the intensity, persistence, and effects of his symptoms were not entirely credible. (Tr. 15.) The ALJ determined that Wright was “not disabled” because he was “capable of making a successful adjustment to other work that exists in significant numbers in the national economy.” (Tr. 18.)

The Appeals Council affirmed the ALJ’s decision on June 26, 2008. (Tr. 1). Wright then sought review in the District Court. (App.15-16.) On April 21, 2009, 2009 WL 1108807, the District Court entered judgment in favor of the Commissioner. (App.14.) Wright timely appealed, arguing that the ALJ erred in (1) giving limited weight to the opinion of his treating psychiatrist, Dr. Doyle; and (2) finding Wright not entirely credible.

II.

Wright is disabled for purposes of the Social Security Act, if he can demonstrate “that there exists a medically determinable basis for an impairment that prevents him from engaging in any ‘substantial gainful activity’ for a statutory twelve-month period.” Kangas v. Bowen, 823 F.2d 775, 777 (3d Cir.1987) (citing 42 U.S.C. § 423(d)(1)). To determine whether a claimant is disabled, an ALJ must perform a five-step, sequential evaluation, reviewing: (1) the claimant’s current work activity; (2) the medical severity and duration of the claimant’s impairments; (3) whether the claimant’s impairments meet or equal the requirements of an impairment listed in the regulations; (4) whether the claimant has the residual functional capacity (“RFC”) to return to past relevant work; and (5) if the claimant cannot return to past relevant work, whether she can “make an adjustment to other work” in the national economy. 20 C.F.R. 404.1520(a)(4)(i)-(v). The claimant bears the burden of proof at steps one through four. Poulos v. Comm’r of Soc. Sec., 474 F.3d 88, 92 (3d Cir.2007). The Commissioner bears the burden of proving at step five that a significant number of jobs exist in the national economy that are appropriate for the claimant. Id.

[108]*108The ALJ followed this five-step process. The ALJ found that Wright’s PTSD was a “severe” impairment, but that it did not meet the requirements of the impairments listed in the regulations. (Tr. 13.) The ALJ also found that although Wright could not perform his past relevant work as a longshoreman, he had the RFC to perform work at all exertional levels and to perform simple, repetitive, routine tasks with low social contact. (Tr.14, 17-18). Based on this RFC, the ALJ found that Wright was not disabled because he could perform jobs, such as commercial cleaner, that were available in the local and national economies. (Tr. 17-18.)

Wright contends that the ALJ erred by giving limited weight to the opinion of his treating psychiatrist, Dr. Doyle, who opined in an August 2007 “Medical Source Statement of Ability to Do Work-Related Activities (Mental)” that Wright was “extremely limited” in seven work-related activities.2 (Tr. 391-92.)

A treating physician’s opinion is accorded controlling weight only if the opinion is “well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] case record.” 20 C.F.R. § 404.1527(d)(2); see also Fargnoli v. Massanari, 247 F.3d 34, 43 (3d Cir.2001); Jones v. Sullivan, 954 F.2d 125, 128-29 (3d Cir.1991) (“[I]n the absence of contradictory medical evidence, an ALJ in a social security disability case must accept the medical judgment of a treating physician.”). Here, the ALJ noted several inconsistencies in the record.

First, the ALJ noted that Dr. Doyle’s report was inconsistent with the notes from three consultative examinations by, Wolfram Rieger, M.D. (Tr. 16.) Dr. Rieger opined that, while he agreed with Dr.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
386 F. App'x 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-commissioner-of-social-security-ca3-2010.