Opinion

STANLEY v. KIJAKAZI

Court
District Court, W.D. Pennsylvania
Filed
Apr 12, 2022
Cited by
0 cases
Authority
More cited than 29.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CHEYANNE GAIL STANLEY, )

)

Plaintiff, )

)

v. ) Civil Action No. 21-47-E

)

KILOLO KIJAKAZI1, )

Acting Commissioner of Social Security, )

)

Defendant. )

O R D E R

AND NOW, this 12th day of April, 2022, upon consideration of the parties’ cross-motions

for summary judgment, the Court will grant Defendant’s motion. The agency’s final decision

denying Plaintiff’s application for disability benefits under Titles II and XVI of the Social

Security Act, 42 U.S.C. § 401 et seq., is supported by substantial evidence, and the Court detects

no legal error in the decision. Therefore, the Court will affirm. See 42 U.S.C. § 405(g); Biestek

v. Berryhill, 139 S. Ct. 1148, 1154 (2019); Brown v. Bowen, 845 F.2d 1211, 1213 (3d Cir.

1988).2

1 Kilolo Kijakazi is substituted as the defendant in this matter, replacing former

Commissioner Andrew Saul pursuant to Federal Rule of Civil Procedure 25(d) and 42 U.S.C. §

405(g). The Clerk is directed to amend the docket to reflect this change.

2 If supported by substantial evidence, the Commissioner’s decision must be affirmed, as a

federal court may neither reweigh the evidence, nor reverse, merely because it would have

decided the claim differently. See Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999) (citing 42

U.S.C. § 405(g)); Monsour Med. Ctr. v. Heckler, 806 F.2d 1185, 1190-91 (3d Cir. 1986); Berry

v. Sullivan, 738 F. Supp. 942, 944 (W.D. Pa. 1990). The Court finds here that substantial

evidence supports the ALJ's decision and, therefore, it will affirm.

In this case, Plaintiff contends that the Administrative Law Judge (“ALJ”) failed to

properly weigh the opinion of her treating physician, Meghan McCarthy, D.O. (R. 900-03).

However, in so doing, Plaintiff relies on treating source standards not applicable to her claim,

which was filed on November 5, 2018. Contrary to Plaintiff’s contention (Doc. No. 19 at p.14),

for cases such as this one, filed on or after March 27, 2017, the regulations have eliminated the

“treating physician rule.” Compare 20 C.F.R. §§ 404.1527(c)(2) and 416.927(c)(2) (applying to

cases prior to the amendment of the regulations) with 20 C.F.R. §§ 404.1520c(a) and 416.920c(a)

(applying to later cases). See also 82 Fed. Reg. 5844-01, at 5853 (Jan. 18, 2017). While the

medical source’s treating relationship with the claimant is still a valid and important

consideration, “the two most important factors for determining the persuasiveness of medical

opinions are consistency and supportability.” 82 Fed. Reg. at 5853. See also §§ 404.1520c(b)

and (c) and 416.920c(b) and (c).

The ALJ here properly considered medical source evidence pursuant to Sections

404.1520c and 416.920c. Indeed, as Defendant notes, the ALJ did not reject Dr. McCarthy’s

opinion in its entirety and, in fact, specifically adopted parts of the opinion. The part rejected by

the ALJ primarily related to claims that Plaintiff could not work or that she should apply for

disability. It is well established that a physician’s statement that a claimant is “disabled” or

“unable to work” is not binding on the ALJ, as opinions as to whether a claimant is disabled is

reserved to the Commissioner of Social Security. See 20 C.F.R. §§ 404.1520b(c)(3)(i) and

416.920b(c)(3)(i); Griffin v. Comm’r of Soc. Sec., 305 Fed. Appx. 886, 891 (3d Cir. 2009);

Knepp v. Apfel, 204 F.3d 78, 85 (3d Cir. 2000). In any event, the ALJ’s consideration of Dr.

McCarthy’s opinion was very thorough, citing and discussing essentially all of the relevant

evidence. Substantial evidence supports her finding.

Plaintiff further argues that the ALJ failed to acknowledge or properly weigh certain

other evidence of record, including lay testimony, evidence of panic attacks, and increased levels

of treatment over time. (Doc. No. 19 at pp. 15-19). Plaintiff contends that such evidence

supports greater limitations than those identified in the residual functional capacity formulated

by the ALJ. (Id.) However, an ALJ is not required to discuss or refer to every piece of relevant

evidence in the record. See Zagari v. Saul, No. 19-1674, 2021 U.S. Dist. LEXIS 32743, at *8

(W.D. Pa. Feb. 22, 2021). Moreover, “[i]t is axiomatic that an ALJ is entitled to accept or reject

evidence, so long as he explains his legitimate reasons for doing so.” Jacobs v. Colvin, No. 15-

1614, 2017 U.S. Dist. LEXIS 7812, at *3 (W.D. Pa. Jan. 20, 2017). Here, the ALJ conducted a

thorough review of the evidence and adequately explained the bases for her conclusions. As

noted above, the Court may not re-weigh the evidence to draw its own conclusion. Moreover,

“[t]he presence of evidence in the record that supports a contrary conclusion does not undermine

the [ALJ’s] decision so long as the record provides substantial support for that decision.” Malloy

v. Comm’r of Soc. Sec., 306 Fed. Appx. 761, 764 (3d Cir. 2009). See also Handy v. Kijakazi,

No. 20-1567, 2021 U.S. Dist. LEXIS 237376, at *7 (W.D. Pa. Dec. 13, 2021). The ALJ’s

rationale for her decision here was particularly well-supported, not only by the objective medical

evidence, Plaintiff’s activities of daily living, and the testimony of several witnesses, but also by

the opinions of four state reviewing agents.

Accordingly, the ALJ’s findings were supported by substantial evidence, especially in

light of the United States Supreme Court’s reminder that the threshold for meeting the substantial

evidence standard “is not high.” Biestek, 139 S. Ct. at 1154.

Therefore, IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment

(Doc. No. 18) is DENIED and Defendant's Motion for Summary Judgment (Doc. No. 20) is

GRANTED as set forth herein.

s/Alan N. Bloch

United States District Judge

ecf: Counsel of record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.