Opinion

WATTERS v. O'MALLEY

Court
District Court, W.D. Pennsylvania
Filed
Sep 26, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KELLY L. WATTERS, )

)

Plaintiff, )

)

v. ) Civil Action No. 23-1593

)

MARTIN O’MALLEY,1 )

Commissioner, Social Security Administration, )

)

Defendant. )

O R D E R

AND NOW, this 26th day of September, 2024, upon consideration of the

parties’ cross-motions for summary judgment, the Court, after reviewing the

Commissioner of Social Security’s final decision denying Plaintiff’s claim for disability

insurance benefits under Subchapter II of the Social Security Act, 42 U.S.C. §§ 401 et seq.,

finds that the Commissioner’s findings are supported by substantial evidence and,

accordingly, affirms. See 42 U.S.C. § 405(g); Biestek v. Berryhill, 139 S. Ct. 1148, 1153-

54 (2019); Jesurum v. Secretary of U.S. Dep’t of Health & Human Servs, 48 F.3d 114, 117

(3d Cir. 1995) (citing Brown v. Bowen, 845 F.2d 1211, 1213 (3d Cir. 1988)). See also

Berry v. Sullivan, 738 F. Supp. 942, 944 (W.D. Pa. 1990) (if supported by substantial

evidence, the Commissioner’s decision must be affirmed, as a federal court may neither

1 Martin O’Malley is substituted as the defendant in this matter, replacing former Acting

Commissioner Kilolo Kijakazi pursuant to Federal Rule of Civil Procedure 25(d) and 42

U.S.C. § 405(g).

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reweigh the evidence, nor reverse, merely because it would have decided the claim

differently) (citing Cotter v. Harris, 642 F.2d 700, 705 (3d Cir. 1981)).2

2 Plaintiff raises the following arguments on appeal: (1) the Administrative Law

Judge’s (“ALJ”) assessment of Plaintiff’s listing level impairments was not supported by

substantial evidence; and (2) Plaintiff’s residual functional capacity (“RFC”) was not

supported by substantial evidence. (Doc. No. 9). Plaintiff essentially asks for the Court

to come to its own conclusion based on evidence she deems persuasive and determinative

to her case. The Court cannot and will not do so and, therefore, affirms the ALJ’s

decision.

Plaintiff takes issue with the ALJ’s assessment of Listings 12.04 and 12.06 and

points to evidence within the record she suggests support greater limitations in the Listings

“paragraph B” criteria. (Doc. No. 9 at 24-27). Plaintiff does the same in regard to her

RFC assessment, stating the ALJ should have crafted a more restrictive RFC incorporating

her inability to consistently and reliably interact with others, her inability to stay on-task,

and her difficulty in meeting work quotas. (Id. at 28-30). Defendant points out that the

evidence Plaintiff points to in terms of the “paragraph B” criteria was either addressed by

the ALJ or contradicted by normal findings within the record. (Doc. No. 12 at 11-16).

Moreover, Defendant correctly acknowledges that Plaintiff does not cite a single page of

the record in support of her contention that the RFC was not supported by substantial

evidence. (Id. at 17). The Court agrees with the Defendant that the ALJ’s decision is

supported by substantial evidence.

As the evidence Plaintiff points to was addressed by the ALJ in a well-reasoned

and thorough decision, all Plaintiff does is ask the Court to reweigh the evidence.

However, 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, 738 F. Supp. at 944 (citing Cotter, 642 F.2d at 705).

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). To the extent the Court is being asked to come to its own conclusion based on the

evidence, it declines to do so.

The ALJ’s findings and conclusions are supported by substantial evidence.

Accordingly, the decision of the Commissioner must be affirmed.

2

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

Judgment (Doc. No. 8) is DENIED and that Defendant’s Motion for Summary Judgment

(Doc. No. 11) is GRANTED.

s/Alan N. Bloch

United States District Judge

ecf: Counsel of record

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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.

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