MCCONNELL v. COMMISSIONER OF SOCIAL SECURITY
Filing
14
MEMORANDUM JUDGMENT ORDER denying 10 plaintiff's Motion for Summary Judgment and granting 12 defendant's Motion for Summary Judgment. The decision of the Commissioner of Social Security is affirmed. See Memorandum Judgment Order for further details. Signed by Judge Gustave Diamond on 7/23/12. (kw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LISA KAY McCONNELL,
Plaintiff,
v.
Civil Action No. 11-516
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
MEMORANDUM JUDGMENT ORDER
AND NOW, this
of the parties'
;;3~Of
July, 2012, upon due consideration
cross-motions for summary judgment pursuant to
plaintiff's request for review of the decision of the Commissioner
of Social Security ("Commissioner") denying her application for
disability insurance benefits ("DIB") under Title II of the Social
Security Act ("Act"), IT IS ORDERED that the Commissioner's motion
for summary judgment (Document No. 12) be
I
and the same hereby is,
granted and plaintiff's motion for summary judgment (Document No.
10) be, and the same hereby is, denied.
As the factfinder, an Administrative Law Judge ("ALJ") has an
obligation to weigh all of the facts and evidence of record and
may rej ect
or discount
reasons for doing so.
Cir. 1999).
substantial
""'A072
(Rev. 8/82)
findings,
any evidence
if
Plummer v. Apfel,
the ALJ explains
the
186 F.3d 422,
(3d
429
Where the ALJ's findings of fact are supported by
evidence,
even
if
it
a
reviewing
would have
court
decided
is
bound
by
the
factual
those
inquiry
differently.
2001).
Fargnoli v.
Moreover,
Massanari,
disability
is
not
247 F.3d 34,
38
(3d Cir.
determined merely by
the
presence of impairments, but by the effect that those impairments
have upon an individual's ability to perform substantial gainful
activity.
Jones v. Sullivan, 954 F.2d 125, 129 (3d Cir. 1991).
These well-established principles preclude a reversal or remand of
the ALJ's decision here because the record contains substantial
evidence to support his findings and conclusions.
Plaintiff
filed
her DIB
application on August
alleging disability beginning May 2,
2006,
disc
depression
disease
of
the
lumbar
spine,
Plaintiff's application was denied.
ALJ
held
a
hearing
on January
appeared represented by counsel.
28,
17,
2008,
due to degenerative
and
obesity.
At plaintiff's request, an
2010,
at
which
plaintiff
On May 21, 2010, the ALJ issued
a decision finding that plaintiff is not disabled.
The Appeals
Council denied plaintiff's request for review on March I, 2011,
making the ALJ's decision the final decision of the Commissioner.
The instant action followed.
Plaintiff, who has a high school education, was 39 years old
on her alleged onset date of disability and is classified as a
younger individual under the regulations.
Plaintiff
has past
relevant
20 C.F.R. §404.1563(c).
work experience as
a
corrections
officer, home attendant, resident care aide, housekeeper/cleaner
and teacher's aide, but she has not engaged in substantial gainful
activity at any time since her alleged onset date of disability.
After
reviewing
plaintiff's
A072
(Rev. Si82)
-
4
claimant's
complaints
and
other
subj ective
supported by objective medical evidence.
symptoms
must
be
20 C.F.R. §404.1529(c);
Hartranft v. Apfel, 181 F.3d 358, 362 (3d Cir. 1999).
An ALJ may
reject the claimant's subjective testimony if he does not find it
credible so long as he explains why he is rejecting the testimony.
Schaudeck v. Commissioner of Social Security,
(3d Cir.
1999).
Here,
181 F.3d 429, 433
the ALJ properly analyzed plaintiff's
subjective complaints of pain, and he explained why he found her
testimony not entirely credible.
In evaluating plaintiff's credibility, the ALJ complied with
the appropriate regulations and considered all of the relevant
evidence
in
the
record,
including
the
medical
evidence,
plaintiff's own statements about her symptoms, her activities of
daily living, and the nature and extent of her treatment.
See 20
C.F.R. §§404.1529(c) (1) - (c) (3); Social Security Ruling 96-7p.
ALJ
then
considered
the
extent
to
which
plaintiff's
The
alleged
functional limitations reasonably could be accepted as consistent
with the evidence of record and how those limitations affect her
ability to work.
that
the
20 C.F.R. §404.1529(c) (4).
obj ective
evidence
is
inconsistent
The ALJ determined
with plaintiff's
allegation of total disability, and further found that plaintiff's
testimony regarding her pain and resulting limitations was not
entirely credible.
This court finds that the ALJ
(R. 14-15).
adequately explained the basis for his credibility determination,
(R. 15-16), and is satisfied that such determination is supported
by substantial evidence.
%'AO 72
(Rev. 8/82)
-
5
Plaintiff next claims that the ALJ's RFC Finding failed to
account for her subjective allegations of pain and the resulting
limitations that she claimed to experience.
ALJ's
RFC
Finding
incorporated all
of
To the contrary, the
plaintiff's
limitations that the evidence of record supported,
restriction
sitting
l
to
sedentary work,
standing and walking.
functional
including a
along with accommodations
for
Accordingly, the court finds that
the ALJ's RFC Finding was supported by substantial evidence.
In conclusion, after carefully and methodically considering
all of the medical evidence of record,
the ALJ determined that
plaintiff is not disabled within the meaning of the Act.
ALJ's
findings
and
conclusions
are
supported
evidence and are not otherwise erroneous.
by
substantial
Therefore, the decision
of the Commissioner must be affirmed.
~~
Gustave Diamond
United states District Judge
cc: Lindsay Fulton Osterhout, Esq.
521 Cedar Way
suite 200
Oakmont, PA 15139
Albert Schollaert
Assistant U.s. Attorney
700 Grant Street
Suite 4000
Pittsburgh, PA 15219
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The
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