John Gabrys, Jr. v. Commissioner Social Security

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: FUENTES, SHWARTZ and ROTH, Circuit Judges. Total Pages: 5. In light of the disposition, Appellant's motions for appointment of counsel are denied as moot

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Document: 003112117416

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Date Filed: 11/02/2015

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 14-3120
___________
JOHN J. GABRYS, JR.,
Appellant
v.
COMMISSIONER SOCIAL SECURITY
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil Action No. 2-12-cv-06099)
District Judge: Honorable Robert F. Kelly
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
May 19, 2015
Before: FUENTES, SHWARTZ and ROTH, Circuit Judges
(Opinion filed: November 2, 2015 )
___________
OPINION*
___________
PER CURIAM

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.

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Proceeding pro se and in forma pauperis, John Gabrys appeals from the judgment
of the District Court affirming the denial of his claim for disability benefits. For the
reasons set forth below, we will affirm.
I.
In March 2011, Gabrys applied for disability insurance benefits, alleging that he
was disabled as of February 2010, when he was severely injured at work. Gabrys suffers
from extreme back pain and other symptoms. His first disability claim was denied
initially and on reconsideration. Gabrys then requested review by an Administrative Law
Judge (“ALJ”), and in January 2012 he had a hearing on his claim, at which he was
represented by counsel. On February 9, 2012, the ALJ denied Gabrys’s claim in a written
opinion, and the Appeals Council later denied Gabrys’s request for review.
Gabrys then sought review pro se in the United States District Court for the
Eastern District of Pennsylvania. While his federal action was pending, Gabrys prevailed
on a separate disability benefits claim, but this claim applied only to the period after the
ALJ denied his first claim, that is, February 10, 2012, onward. Gabrys argued that this
later award of disability benefits showed that he should have prevailed in his first claim.
The District Court rejected this argument and denied Gabrys’s claim and his request for
reconsideration. Gabrys timely appealed.
II.
We have jurisdiction pursuant to 28 U.S.C. § 1291. “The role of this Court is
identical to that of the District Court, namely to determine whether there is substantial
evidence to support the Commissioner’s decision.” Plummer v. Apfel, 186 F.3d 422, 427
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(3d Cir. 1999); 42 U.S.C. § 405(g). Substantial evidence is “more than a mere scintilla,”
and is defined as “such relevant evidence as a reasonable mind might accept as
adequate.” Plummer, 186 F.3d at 427 (quotation marks omitted); accord Chandler v.
Comm’r of Soc. Sec., 667 F.3d 356, 359 (3d Cir. 2011). If the ALJ’s factual findings are
supported by substantial evidence, we, like the District Court, are bound by those
findings, even if we would have decided them differently. Hartranft v. Apfel, 181 F.3d
358, 360 (3d Cir. 1999).
To qualify for disability benefits, an applicant must demonstrate that he is “unable
to engage in any substantial gainful activity by reason of any medically determinable
physical or mental impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less than twelve months.”
42 U.S.C. § 1382c(a)(3)(A). Further, the applicant’s physical or mental impairments
must be “of such severity that he is not only unable to do his previous work but cannot,
considering his age, education, and work experience, engage in any other kind of
substantial gainful work which exists in the national economy.” Id. § 1382c(a)(3)(B).
A five-step evaluation is used to determine whether an applicant is disabled. 20
C.F.R. § 404.1520. The ALJ must determine: (1) whether the applicant has engaged in
substantial gainful activity since the alleged disability onset date; (2) whether the
applicant has a severe impairment or combination of impairments; (3) whether the
impairment or combination of impairments meets the criteria of a listed impairment; (4)
whether, despite the severe impairment, the applicant retains the residual functional
capacity to perform past relevant work; and (5) whether the applicant is capable of
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performing other jobs that exist in the national economy, considering his age, education,
work experience, and residual functional capacity. Id. § 404.1520(a)(4); Poulos v.
Comm’r of Soc. Sec., 474 F.3d 88, 91-92 (3d Cir. 2007). However, if the ALJ
determines that an applicant is not disabled before proceeding through all five steps, he
need not analyze the remaining steps. 20 C.F.R. § 404.1520(a)(4).
The ALJ thoroughly evaluated Gabrys’s claim against the record evidence and
concluded that Gabrys was not disabled within the meaning of the Social Security Act.
Specifically, the ALJ concluded that: (1) Gabrys had not engaged in substantial gainful
activity since his alleged onset date; (2) Gabrys’s degenerative disc disease and carpal
tunnel syndrome were severe impairments, but his other physical and mental impairments
were not severe; (3) Gabrys did not have an impairment or combination of impairments
that met the criteria of a listed impairment; (4) Gabrys had the residual functional
capacity to perform light work with the option to sit or stand, but was unable to perform
any past relevant work; and (5) Gabrys was able to perform jobs that exist in significant
numbers in the national economy. As such, the ALJ denied his disability claim.
In his appellate brief and reply, Gabrys does not challenge any of the ALJ’s
specific findings or procedures. Rather, he argues, as he did in the District Court, that
because he prevailed in a later disability claim, he should have prevailed in his first
claim. This argument fails because our review is limited to the evidence in the record at
the time the ALJ rendered his decision. See 42 U.S.C. § 405(g). As such, post-decision
developments, including subsequent disability awards, do not undermine the ALJ’s
conclusions because “evidence that was not before the ALJ cannot be used to argue that
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the ALJ’s decision was not supported by substantial evidence.” Matthews v. Apfel, 239
F.3d 589, 594 (3d Cir. 2001). Further, as the Commissioner notes, “the possibility of
drawing two inconsistent conclusions from the evidence does not prevent an
administrative agency’s finding from being supported by substantial evidence.” Consolo
v. Fed. Maritime Comm’n, 383 U.S. 607, 620 (1966). Accordingly, Gabrys’s reliance on
his subsequent disability award, without more, does not undermine the ALJ’s decision.
III.
Gabrys offers no other basis to conclude that the ALJ’s decision is not supported
by substantial evidence, and our review of the record reveals none. We will therefore
affirm the judgment of the District Court. In light of our disposition, Gabrys’s motions
for appointment of counsel are denied as moot.

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