Zonak v. Commissioner of Social Security

290 F. App'x 493
CourtCourt of Appeals for the Third Circuit
DecidedJuly 24, 2008
Docket07-3143
StatusUnpublished
Cited by38 cases

This text of 290 F. App'x 493 (Zonak 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
Zonak v. Commissioner of Social Security, 290 F. App'x 493 (3d Cir. 2008).

Opinion

OPINION

BARRY, Circuit Judge.

Nora Zonak appeals from an order of the District Court affirming the decision of the Commissioner of Social Security denying disability insurance benefits (“DIB”) to her now-deceased husband, Joseph Zonak (“Zonak”). For the reasons that follow, we will affirm.

I.

Because the parties are well acquainted with the factual and procedural background of this case, we will refer only to those facts bearing directly on our disposition of this appeal.

Zonak was born on January 10, 1963. He had a high school education and worked as a delivery truck driver for approximately 19 years before he retired at the suggestion of his doctor on May 14, 2003. Zonak filed an application for DIB on June 6, 2003, alleging an onset date of May 14, 2003 due to dilated cardiomyopa-thy, coronary artery disease, congestive heart failure, high blood pressure, and gout. After his application was denied initially and on reconsideration, Zonak received a de novo hearing before an administrative law judge (“ALJ”). The ALJ evaluated Zonak’s claim under the five-step sequential evaluation process set forth in 20 C.F.R. § 404.1520 and made findings adverse to Zonak at steps three and five. With respect to step three, the ALJ determined that none of Zonak’s impairments met or equaled any of the impairments listed in 20 C.F.R. Pt. 404, Subpt. P, App. 1 (the “Listings”). At step five, the ALJ found that although Zonak was not able to return to his previous line of employment, he was not disabled because he had “the residual functional capacity to perform the full range of sedentary work.” (App. at A21.) The District Court affirmed the ALJ’s denial of benefits, concluding that the decision was supported by substantial evidence. This timely appeal followed.

The District Court exercised jurisdiction pursuant to 42 U.S.C. § 405(g), and we have jurisdiction under 28 U.S.C. § 1291. We employ a deferential “substantial evidence” standard of review of the ALJ’s factual findings, but exercise plenary review of all legal conclusions. Allen v. Barnhart, 417 F.3d 396, 398 (3d Cir.2005). “Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It is less than a preponderance of the evidence but more than a mere scintilla.” Jones v. Barnhart, 364 F.3d 501, 503 (3d Cir.2004) (citations and quotations omitted).

*496 II.

The claimant bears the burden of establishing steps one through four of the five-step evaluation process, while the burden shifts to the Commissioner at step five to show that the claimant is capable of performing other jobs existing in large numbers in the national economy. Poulos v. Comm’r of Soc. Sec., 474 F.3d 88, 92 (3d Cir.2007). We “do[ ] not require the ALJ to use particular language or adhere to a particular format in conducting his [step three] analysis.” Jones, 364 F.3d at 505. Rather, we require only a “sufficient development of the record and explanation of findings to permit meaningful review.” Id.

We easily conclude, as did the District Court, that substantial evidence supports the ALJ’s finding at step three that Zonak’s impairments did not meet or equal any of the Listings to establish disability as a matter of law. At the hearing before the ALJ, Zonak only asked the ALJ to consider whether his condition met the Listings at 4.04B and 4.04C. The ALJ did this and more. In his written decision, the ALJ noted that while he had given “particular attention” to the cardiovascular Listings at 4.03 and 4.04, he had also compared Zonak’s impairments to the Listings at 2.02, 2.03, 2.04, 4.02, 6.02, 11.04A, 11.04B, 14.09, and 14.00B6. Ultimately, the ALJ determined that Zonak had not met his burden of establishing disability under any of these Listings. With respect to the cardiovascular Listings at 4.03 and 4.04, the ALJ found that Zonak did not meet the criteria of section 4.04 because he “had no ischemic ECG changes, and did not experience chest pain, in connection with the cardiac stress test.” (App. at A16.) As for section 4.03, the ALJ noted that although tests performed on Zonak on September 5, 2001 “revealed abnormal left ventricular function with an ejection fraction of 30%,” his ejection fraction had improved to 45% by June 4, 2003. (Id.) We have carefully reviewed the record and are satisfied that substantial evidence supports each of these findings.

We are also satisfied that the ALJ did not err by failing to consider Zonak’s obesity in his analysis. Wholly aside from the fact that Zonak did not allege obesity when applying for benefits or argue before the ALJ that obesity contributed to his alleged disability, appellant’s brief greatly exaggerates the facts of record in this case. Appellant asserts several times in her brief that Zonak’s obesity must have risen to the level of a disability because he stood only 5 feet tall and weighed 280 pounds, but, as the District Court noted, all but one reference in the record lists Zonak’s height as at least 6 feet tall. In fact, when the ALJ asked Zonak at the hearing what his height and weight were, Zonak responded that he was 6 feet, 1 inch tall, weighed 275 lbs., and that he was the same weight when he worked as a truck driver. We agree with the District Court that “to the extent [appellant] relies on height/weight ratio as an obvious indicator of Zonak’s limitations, [the] argument ] is misplaced.” (App. at A5.) Moreover, despite Zonak’s failure to raise the issue of obesity to the ALJ, the ALJ noted in his decision that he had “fully considered obesity in the context of the overall record evidence in making this decision.” (Id. at A17.) Given that Zonak bore the burden of establishing that his obesity, in combination with his other impairments, met the requirements of one of the Listings and that he failed to raise the issue of his obesity to the ALJ, we have little difficulty concluding that the ALJ did not err by failing to more fully explore the issue in his decision.

Appellant contends, next, that the ALJ improperly rejected the medical opinion of Zonak’s treating physician, Dr. Ashok Kumar, who stated in a form letter *497 dated May 20, 2003 that Zonak was unable to return to work “until further notice.” We disagree for two reasons. First, the ALJ was not obligated to give significant weight to Dr. Kumar’s opinion as to Zo-nak’s ability to work because the opinion related to the ultimate issue of disability— an issue reserved exclusively to the Commissioner. See 20 C.F.R. § 404

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