McKendrick v. Commissioner of Social Security

Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 11-19-2007 McKendrick v. Comm Social Security Precedential or Non-Precedential: Non-Precedential Docket No. 07-1074 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "McKendrick v. Comm Social Security" (2007). 2007 Decisions. Paper 207. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/207 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-1074 ____________ TRACEY McKENDRICK, Appellant vs. COMMISSIONER OF SOCIAL SECURITY ____________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA (D.C. Civ. No. 05-CV-01604 ) District Judge: Honorable Donetta W. Ambrose ____________ Submitted Under Third Circuit L.A.R. 34.1(a) November 1, 2007 Before: RENDELL, WEIS and NYGAARD, Circuit Judges. (Filed: November 19, 2007) ____________ OPINION WEIS, Circuit Judge. Claimant was a thirty-two year old female when an ALJ found her ineligible for disability payments based on her diabetes, disc disease, thyroid disease, and other 1 conditions. She is a high school graduate and had worked as a nurse’s aide and cashier. She complained particularly of pain in her right leg and low back and suffers from a disc bulge at the L4-5 area. She is able to perform tasks such as driving, cooking, laundering, and cleaning. She was seen and treated by several physicians. The ALJ concluded on the basis of their records and the testimony of a vocational expert that she was capable of sedentary work with some limitations. In the District Court, claimant contended that the ALJ did not give enough weight to the opinion of Dr. Gilchrist, who was treating claimant for pain management. The Court concluded, after a review of the physicians’ records, that the ALJ properly assessed that evidence. We agree with that conclusion. Our review of the record persuades us that the ALJ’s findings were supported by substantial evidence. See Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999) (stating that the standard of review for disability determinations is whether the “decision is supported by substantial evidence.”). The evidence of treatment and examinations by other physicians is consistent with the finding that claimant is able to perform sedentary work subject to the limitations set forth in the ALJ’s opinion. Accordingly, the judgment of the District Court will be affirmed. 2