Spencer v. Commissioner of Social Security ( 2004 )


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  •                                                                                                                            Opinions of the United
    2004 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    1-22-2004
    Spencer v. Comm Social Security
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 03-3155
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    Recommended Citation
    "Spencer v. Comm Social Security" (2004). 2004 Decisions. Paper 1076.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2004/1076
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    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    No. 03-3155
    JANET SPENCER,
    Appellant
    v.
    COMMISSIONER OF SOCIAL SECURITY
    On Appeal from the United States District Court
    for the Western District of Pennsylvania
    (D.C. Civil No. 02-cv-00957)
    District Judge: Honorable Alan N. Bloch
    Submitted Under Third Circuit LAR 34.1(a)
    January 16, 2004
    Before: Sloviter, Rendell and Aldisert, Circuit Judges.
    (Filed: January 22, 2004)
    OPINION OF THE COURT
    1
    ALDISERT, Circuit Judge.
    The question for decision in this appeal by Janet Spencer from adverse summary
    judgment in the United States District Court for the Western District of Pennsylvania
    requires us to decide whether substantial evidence supports the Commissioner’s decision
    that Spencer was capable of performing light work, 
    42 U.S.C. § 405
    (g), and was
    therefore not entitled to supplemental security income benefits under Subchapter XVI of
    the Social Security Act, 
    42 U.S.C. § 1381
    , et seq. Because we are writing for the parties
    who are familiar with the facts and the proceedings in the Social Security Administration
    and the district court we will confine our discussion to the basic legal precepts.
    I.
    “The Social Security Act defines disability in terms of the effect a physical or
    mental impairment has on a person’s ability to function in the work place.” Heckler v.
    Campbell, 
    461 U.S. 458
    , 459-460 (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 she has a
    medically determinable physical or mental impairment, but that such impairment is so
    severe that it prevents her 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
    ;
    Adorno v. Shalala, 
    40 F.3d 43
    , 46 (3d Cir. 1994).
    2
    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 her ability to perform work related tasks. 
    20 C.F.R. § 416.945
     (2003).
    The Commissioner’s findings regarding an individual’s capacity for performing
    light work must be supported by substantial evidence. 
    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 (1988) (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.
    The Administrative Law Judge (“ALJ”) considered the examinations Spencer
    received by James Richardson, M.D., Patricia A. Simpson, L.S.W., a licensed social
    worker, Larry D. Smith, Ph.D., a state agency psychologist, Richard M. Hahn, M.D.,
    Michael Niemiec, D.O. and George P. Naum, III, D.O. The ALJ elicited vocational
    expert testimony at the administrative hearing. The ALJ asked the vocational expert
    3
    whether work existed in the national economy for a hypothetical person with Spencer’s
    age, education and work experience; who had the RFC for light exertional work,
    requiring no climbing of ladders, ropes or scaffolds, no more than occasional stairs,
    ramps, or balancing; and only occasional stooping, crouching or crawling; no close
    concentration or attention to detail for extended periods of time, no fast paced assembly
    line work; and no more than rare changes in the work setting.
    The expert testified that the hypothetical person could perform the jobs of library
    clerk, general office clerk, kitchen worker and cleaner, which existed in significant
    numbers in the local and national economy.
    III.
    We are satisfied that substantial evidence supports the Commissioner’s decision
    that Spencer was capable of performing light work with modifications and was not
    disabled.
    In deciding that Spencer had the RFC for the light work, the ALJ considered the
    opinion of Dr. Hahn that Spencer could perform sedentary work and the opinion of Dr.
    Naum that Spencer was disabled. The ALJ appropriately determined, however, that more
    weight should be accorded to the objective evidence and assessment of the state agency
    position expressed by Dr. Niemiec than to the opinions of consultive examiners, Dr.
    Hahn and Dr. Naum. Jones v. Sullivan, 
    954 F.2d 125
    , 129 (3d Cir. 1991) (holding that
    an ALJ may rely upon a non-examining physician’s opinion when it is consistent with
    4
    the record).
    The ALJ did determine that Spencer had a severe mental impairment and included
    all of Spencer’s limitations that were supported by the record in his hypothetical
    questions to the vocational expert.
    We have considered all contentions raised by the parties and conclude that no
    further discussion is necessary. The judgment of the district court will be affirmed.
    TO THE CLERK:
    Please file the foregoing opinion.
    /s/ Ruggero J. Aldisert
    Circuit Judge
    _________
    5