Corey Harris v. Commissioner Social Security

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: JORDAN, COWEN and BARRY, Circuit Judges. Total Pages: 6.

Case: 14-1696

Document: 003111699911

Page: 1

Date Filed: 08/06/2014

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 14-1696
___________
COREY L. HARRIS,
Appellant
v.
COMMISSIONER SOCIAL SECURITY
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil Action No. 1-12-cv-00209)
District Judge: Honorable Donetta W. Ambrose
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
August 4, 2014
Before: JORDAN, COWEN and BARRY, Circuit Judges
(Opinion filed: August 6, 2014)
___________
OPINION
___________
PER CURIAM
Pro se appellant Corey Harris appeals the District Court’s entry of summary
judgment affirming the final decision of the Commissioner of Social Security denying his
request for disability insurance benefits (DIB) and supplemental security income (SSI)

Case: 14-1696

Document: 003111699911

Page: 2

Date Filed: 08/06/2014

under the Social Security Act (the “Act”). For the reasons set forth below, we will affirm
the District Court’s judgment.
In February 2006, Harris filed applications for DIB and SSI. He alleged that he
was disabled, and thus entitled to these benefits, due to left-foot problems and a mental
and emotional breakdown. Before an Administrative Law Judge (ALJ), the parties
presented a variety of documentary evidence, including reports of medical and mentalhealth evaluations from Helen Kohn, M.D., John Kalata, M.D., Glenn Thompson, Ph.D.,
Glenn Bailey, Ph.D., Glenn Thompson, Ph.D., Liberty Eberly, D.O., Nhgia Tran, M.D.,
and Raymond Dalton, Ph.D; medical records from Hamot Medical Center, St. Vincent
Health Center, and Prison Health Services; progress notes from Stairways Outpatient and
Safe Harbor Behavioral Health; and information about Harris’s educational and
vocational history.
In August 2010, after holding a hearing, the ALJ denied Harris’s request for
benefits. The ALJ determined that Harris suffered from three impairments that qualified
as serious under the Act: mood disorder, personality disorder, and pain in his left foot.
Nevertheless, the ALJ ruled that none of these impairments was equivalent to one of the
impairments listed in the relevant regulations that precludes gainful employment. The
ALJ next concluded that Harris possessed the residual functional capacity to perform
certain light work. Finally, the ALJ ruled that, “[c]onsidering [Harris’s] age, education,
work experience, and residual functional capacity, there are jobs that exist in significant
2

Case: 14-1696

Document: 003111699911

Page: 3

Date Filed: 08/06/2014

numbers in the national economy that [Harris] can perform.” More specifically, the ALJ
concluded that Harris could work as an abrasive machine operator, a machine feeder, and
a bench assembler. Consequently, the ALJ determined that Harris was not disabled and
thus not entitled to DIB or SSI.
Harris appealed the ALJ’s decision to the Appeals Council, which denied review.
Harris subsequently provided additional documentary evidence to the Appeals Council
and asked the Appeals Council to reopen his case. The Appeals Council denied this
request, and Harris instituted an action in the District Court challenging the denial of
benefits. The District Court concluded that the ALJ’s decision was supported by
substantial evidence, and thus granted judgment in favor of the Commissioner. Harris
then filed a timely notice of appeal to this Court.
Like the District Court, we uphold the ALJ’s findings if they are supported by
substantial evidence. Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir. 2005).
Substantial evidence is “such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion.” Id. (quotation marks omitted). It is “more than a
mere scintilla but may be somewhat less than a preponderance of the evidence.” Id.
Although the action in the District Court concerned solely the Commissioner’s
denial of Harris’s requests for DIB and SSI, in his appellate brief, Harris presents
sprawling allegations concerning employment discrimination, theft, conspiracy, and false

3

Case: 14-1696

Document: 003111699911

Page: 4

Date Filed: 08/06/2014

imprisonment. We will not address the merits of these claims for the first time on appeal.
See C.H. v. Cape Henlopen Sch. Dist., 606 F.3d 59, 73 (3d Cir. 2010).
With respect to the arguments that are properly before us,1 Harris first contends
that the ALJ erred in failing to credit a statement from Dr. Eberly that Harris “may never
be able to return to work in a full-time capacity.” Dr. Eberly made this statement,
without elaboration, in a form she provided to the Erie County Court of Common Pleas
for use in one of Harris’s child-support actions. However, Harris failed to present this
form to the ALJ; rather, he provided it for the first time to the Appeals Council in support
of his request for reopening. To obtain relief in federal court based on evidence that was
not submitted to the ALJ, a claimant must “show[] good cause why that evidence was not
procured or presented before the ALJ’s decision.” Chandler v. Comm’r of Soc. Sec., 667
F.3d 356, 360 (3d Cir. 2011). Harris has made no effort to satisfy this standard, and no
justification for his failure to provide this statement earlier is apparent in the record.

1

Because Harris is proceeding pro se, we construe his brief liberally, and will address
even those arguments that he has not developed in great detail. See, e.g., United States v.
Otero, 502 F.3d 331, 334 (3d Cir. 2007). At the same time, we will review only those
arguments that he has actually presented. See United States v. Pelullo, 399 F.3d 197, 222
(3d Cir. 2005) (“It is well settled that an appellant’s failure to identify or argue an issue in
his opening brief constitutes waiver of that issue on appeal.”); see also Timson v.
Sampson, 518 F.3d 870, 874 (11th Cir. 2008) (per curiam) (“While we read briefs filed
by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed
abandoned[.]” (internal citation omitted)).
4

Case: 14-1696

Document: 003111699911

Page: 5

Date Filed: 08/06/2014

Accordingly, the District Court did not err in refusing to remand the case based on Dr.
Eberly’s statement.2 See id.
Next, Harris argues that the jobs that the ALJ concluded he was capable of
working were not currently available to him in Erie, Pennsylvania. This argument is
foreclosed by the Act itself, which provides that an individual will qualify as disabled
only if his impairment is of such severity that he cannot “engage in any other kind of
substantial gainful work which exists in the national economy, regardless of whether such
work exists in the immediate area in which he lives, or whether a specific job vacancy
exists for him, or whether he would be hired if he applied for work.” 42 U.S.C.
§ 1382c(a)(3)(B); see also Liskowitz v. Astrue, 559 F.3d 736, 742 n.5 (7th Cir. 2009).
Harris also contends that the ALJ erred in finding that when he took his
psychiatric medication, his mental and emotional condition improved. According to
Harris, any improvement was abated by the medicine’s side effects, such as dizziness.
However, Harris neither testified in his hearing that the medication caused side effects
nor presented any documentary evidence in support of this contention; indeed, there is no
mention of side effects anywhere in the administrative record. Moreover, there is
extensive evidence in the record that the medication did, in fact, help manage Harris’s

2

Moreover, given the conclusory nature of the statement and its inconsistency with other
evidence in the record, it would have been proper for the ALJ to accord it little weight.
See Jones v. Sullivan, 954 F.2d 125, 129 (3d Cir. 1991).
5

Case: 14-1696

Document: 003111699911

Page: 6

Date Filed: 08/06/2014

condition. Accordingly, Harris’s challenge to the ALJ’s findings on this issue lacks
merit. See generally Rutherford, 399 F.3d at 552.
Finally, although Harris has not specifically challenged the ALJ’s overall
conclusion that he is not disabled, we have independently reviewed the record and
conclude that substantial evidence supports the ALJ’s ruling, for essentially the reasons
detailed by the District Court.
Accordingly, we will affirm the District Court’s judgment.

6