746 Fed.Appx. 151 (3rd Cir. 2018), 17-2365, Hubert v. Commissioner Social Security

Docket Nº:17-2365
Citation:746 Fed.Appx. 151
Opinion Judge:KRAUSE, Circuit Judge.
Party Name:David Bernard HUBERT, Appellant v. COMMISSIONER SOCIAL SECURITY
Attorney:Abraham S. Alter, Esq., Langton & Alter, Rahway, NJ, for Plaintiff - Appellant Heather Benderson, Esq., Jordana Cooper, Esq., Mary Ann Mullaney, Esq., Patrick J. Roach, Esq., Office of General Counsel SSA/OGC/Region III, Philadelphia, PA, for Defendant - Appellee
Judge Panel:Before: HARDIMAN, KRAUSE, and BIBAS, Circuit Judges
Case Date:September 07, 2018
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
FREE EXCERPT

Page 151

746 Fed.Appx. 151 (3rd Cir. 2018)

David Bernard HUBERT, Appellant

v.

COMMISSIONER SOCIAL SECURITY

No. 17-2365

United States Court of Appeals, Third Circuit

September 7, 2018

NOT PRECEDENTIAL

Submitted Under Third Circuit L.A.R. 34.1(a) on September 5, 2018

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Appeal from the United States District Court for the District of New Jersey (D.N.J. No. 3-16-cv-02252), District Judge: Hon. Freda L. Wolfson

Abraham S. Alter, Esq., Langton & Alter, Rahway, NJ, for Plaintiff - Appellant

Heather Benderson, Esq., Jordana Cooper, Esq., Mary Ann Mullaney, Esq., Patrick J. Roach, Esq., Office of General Counsel SSA/OGC/Region III, Philadelphia, PA, for Defendant - Appellee

Before: HARDIMAN, KRAUSE, and BIBAS, Circuit Judges

OPINION[*]

KRAUSE, Circuit Judge.

David Hubert appeals the District Court’s judgment affirming the Commissioner of Social Security’s denial of his claim for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § § 401-434. For the reasons set forth below, we will affirm.

I. Background

Hubert is 50 years old and previously worked as a stockbroker, day trader, personnel recruiter, and occasional basketball referee. He allegedly suffered a head injury playing basketball in 1993, which caused him to lose his sense of smell but did not

Page 152

prevent him from working, and he sustained a second head injury in a fight in May 2010, which triggered migraine headaches and memory losses and made him prone to emotional outbursts. In April, 2011, Hubert stopped working because of these problems.

Soon after, Hubert began treatment with a psychologist, Dr. Batlas, who noted symptoms consistent with post-traumatic stress disorder, including anxiety and depression, and a psychiatrist, Dr. Harris, who diagnosed him with post-concussive syndrome and found that he had moderate functional difficulties. Following these diagnoses, Hubert applied for disability insurance, alleging a disability onset date of April 1, 2011, but the Social Security Administration denied his claim both initially and on reconsideration. Hubert then sought a hearing before an Administrative Law Judge (ALJ).

At the request of the Social Security Administration, Hubert was examined by a psychologist, Dr. Miller, who found that he tended to lose track of his thoughts but that he could follow directions, and could perform daily hygiene tasks without...

To continue reading

FREE SIGN UP