Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
10-30-2008
Scott v. Comm Social Security
Precedential or Non-Precedential: Non-Precedential
Docket No. 07-3228
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NOT-PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-3228
BARBARA SCOTT,
Appellant
v.
*MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY
*Pursuant to F.R.A.P. 43(c)
___________________
On Appeal from the United States District Court for the
Eastern District of Pennsylvania
District Court No. 06-CV-02541
District Judge: The Honorable Juan R. Sanchez
_____________________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
October 21, 2008
Before: SMITH, COWEN, Circuit Judges and THOMPSON, District Judge *
(Filed: October 30, 2008)
_______________________
OPINION
_______________________
Thompson, District Judge.
*
The Honorable Anne E. Thompson, Senior United States District Judge for the
District Court of New Jersey, sitting by designation.
1
Barbara Scott appeals the District Court’s order affirming the Commissioner of
Social Security’s denial of disability benefits for any time preceding April 14, 2004.
Specifically, she contests the findings of the Administrative Law Judge (“ALJ”) that she
was able to do sedentary work 1 prior to April 14, 2004. We have appellate jurisdiction
pursuant to 28 U.S.C. § 1291 and, for the reasons stated below, we affirm.
Scott, 64, was employed as a real estate clerk with the Board of Revision and
Taxes for the City of Philadelphia. On January 7, 2003, Scott filed for disability
payments claiming an onset date of November 1, 2002. She later amended her disability
date to June 24, 2002. She claimed a variety of ailments associated with diabetes
including, inter alia, high blood pressure, sleep apnea, and dsypnea (shortness of breath).
In March 2003, she applied for and received disability payments through the Pennsylvania
School Employee’s Retirement System (PSERS). Prior to 1989, Scott worked as a school
bus attendant. The PSERS award was for a one-year renewable period. The record does
not reflect Scott renewed this award at the end of the one-year term.
The Pennsylvania Bureau of Disability denied her claim. The matter was then
heard by ALJ Stephen Bosch on January 20, 2004. At this hearing, Scott testified that her
position allowed her to sit and stand at will and usually she spent only one to two hours
on her feet. She further testified that her position required her to travel to view properties
and that usually she stayed in her car unless her car was unable to travel a narrow road.
1
Jobs requiring sitting and standing can be called sedentary work. This type of work can
also include the occasional task of lifting up to ten pounds. 20 C.F.R. § 404.1567(a).
2
The ALJ issued his opinion on February 17, 2004 finding no disability through the
date of the opinion. Scott then requested a review from the Appeals Council who, on
March 19, 2004, remanded back to the ALJ to (1) obtain updated medical treatment
records; (2) further consider Scott’s residual functional capacity; and (3) further evaluate
Ms. Scott’s ability to resume her past work. Subsequent to this opinion, Scott’s condition
deteriorated. She was hospitalized on April 14, 2004 for treatment of chronic renal
failure, and, was hospitalized once more in July 2004.
Pursuant to the Appeals Council remand, the ALJ reheard Scott’s claim. At this
rehearing, Scott chose not to testify. In February 2005, the ALJ concluded that, up until
April 14, 2004, Scott was not disabled from doing her past relevant work but, as of April
14, 2004, Scott was disabled. Scott appealed the ALJ finding as to her ability to perform
her past relevant work prior to April 14, 2004 to the District Court for the Eastern District
of Pennsylvania. The District Court found substantial evidence supporting the challenged
ruling of the ALJ. Because substantial evidence supports the decision of the District
Court, we will affirm its decision.
This Court has jurisdiction under both 28 U.S.C. § 1291 and 42 U.S.C. § 405(g).
“Like the District Court, we must uphold a final agency determination unless we find that
it is not supported by substantial evidence in the record.” Rutherford v. Barnhart, 399
F.3d 546, 552 (3d Cir. 2005). This Court will defer to the findings of the court below if
substantial evidence supports them. Monsour Med. Ctr. v. Heckler, 806 F.2d 1185, 1190-
3
1191 (3d Cir. 1986).
Social Security disability determinations are governed by a five-step, sequential
evaluation. 20 C.F.R. § 404.1520. Step 2 of this process calls for an assessment of the
severity of the claimant’s medical impairments. Id. The ALJ evaluated the totality of the
record, including Scott’s testimony and that of a medical expert, Dr. Daniel Lewis. Dr.
Lewis testified Scott suffered from hypertension, disorders of the back, degenerative joint
disease of the knee, and obesity. The ALJ agreed.
In her January 2004 hearing, Scott testified she had workplace freedom to sit and
stand as she pleased; she often sat with a blanket and heater–in both the summer and
winter. She further testified that she lives with her daughter and her six
grandchildren–whom she helped rear. She also indicated that she helps with housework
and attends church weekly.
However, the ALJ had reservations regarding the credibility of Scott’s assertions
and the extent to which her ailments impacted on her ability to do her past relevant work.
The ALJ noted the deficiency of objective evidence supporting Scott’s testimony as to the
severity of her condition. Furthermore, the ALJ indicated that her daily living habits
undermined her claim that she was unable to do her past relevant work. Also
undermining Scott’s claim, the ALJ noted the absence of any measures such as
emergency room visits documenting shortness of breath, or asthma attacks, nor could the
ALJ find evidence that her diabetes was not under control. The ALJ noted the absence of
4
any prescriptions for pain medication, and concluded that her pain could not have been as
severe as she claimed. The ALJ also found Dr. Lewis’ opinion was entitled to great
weight because it was consistent with the record. Dr. Lewis concluded that Scott was
able to perform sedentary work.
This Court is required to grant the ALJ deference and affirm if substantial
evidence supports the ALJ’s finding. Monsour, 806 F.2d at 1185, 1190-1191. This
standard places considerable weight on the findings of the ALJ and this Court overturns
only if it concludes that a reasonable mind would not support such a conclusion.
Richardson v. Perales, 402 U.S. 389, 401 (1971).
Here, Scott has pointed to nothing in the record that would warrant a reversal of
the ALJ. The ALJ methodically supported his conclusion, relying not only on the
testimony of the medical expert but pointing also to the testimony of the claimant. The
ALJ documented his consideration of the evidence and carved out a finding that noted her
lifestyle prior to April 2004 and weighed it against her progressively worsening condition.
Therefore, with respect to Scott’s claims for disability prior to April 14, 2004, the
judgment of the District Court is AFFIRMED.
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