Hartranft v. Apfel, 98-1626

• Decision Date: 12 February 1999
• Docket Number: No. 98-1626,98-1626
• Citation: 181 F.3d 358
• Parties: (3rd Cir. 1999) WAYNE R. HARTRANFT, APPELLANT v. KENNETH S. APFEL, COMMISSIONER SOCIAL SECURITY ADMINISTRATION Submitted Under Third Circuit LAR 34.1(a)
• Court: U.S. Court of Appeals — Third Circuit

Page 358

181 F.3d 358 (3rd Cir. 1999)

WAYNE R. HARTRANFT, APPELLANT v. KENNETH S. APFEL, COMMISSIONER SOCIAL SECURITY ADMINISTRATION No. 98-1626

U.S. Court of Appeals, Third Circuit

Submitted Under Third Circuit LAR 34.1(a) February 12, 1999

May 18, 1999

On Appeal from the United States District Court for the Eastern District of Pennsylvania Civil Action No. 97-cv-04039 District Judge: Hon. J. Curtis Joyner

Marc Kranson, Allentown, PA, for Appellant.

Thomas C. Buchnan, Social Security Administration, Philadelphia, PA, for Appellee.

Before: Becker, McKee, Circuit Judges Lee, District Judge^*

OPINION OF THE COURT

McKEE, Circuit Judge.

Wayne R. Hartranft, appeals the District Court's affirmance of the Commissioner of Social Security's Conclusion that Hartranft is not entitled to disability insurance benefits (DIB) under Title II of the Social Security Act, 42 U.S.C. §§ 401-433. For the reasons that follow, we will affirm.

I. Procedural History and Standard of Review

Hartranft applied for DIB on May 3, 1994, alleging disability since January 29, 1990, due to numerous incidences of pain related to a back injury he suffered while working as a truck driver. In his application, he alleged disability due to back injury, neck pain, hernia, anxiety and depression. His application was initially denied, and denied again upon reconsideration.

Hartranft appealed the denial and was afforded a de novo hearing before an Administrative Law Judge. The ALJ found that Hartranft had residual functional capacity ¹ for the full range of light work,² diminished by his inability to bend repeatedly. The ALJ thus concluded that, although Hartranft had been injured, he was not "disabled" within the meaning of the Act at any time through December 31, 1995, the date his insured status expired.

On April 25, 1997, the Appeals Council denied Hartranft's request for review of the ALJ's decision, concluding that the ALJ's findings were supported by substantial evidence and that the ALJ committed no abuse of discretion or error of law. Consequently, the ALJ's decision was the Commissioner's final decision on Hartranft's DIB claim.

Having exhausted his administrative remedies, Hartranft brought an action in the United States District Court for the Eastern District of Pennsylvania, seeking judicial review of the Commissioner's final decision. The matter was initially referred to a Magistrate Judge who issued a Report and Recommendation in favor of the Commissioner. Thereafter, the District Court adopted that Report and Recommendation and granted summary judgment in favor of the Commissioner. This appeal followed.

Our review of the Commissioner's final decision is limited to determining whether that decision is supported by substantial evidence. See 42 U.S.C. § 405 (g); Monsour Medical Ctr. v. Heckler, 806 F.2d 1185, 1190 (3d. Cir. 1986). Substantial evidence "does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a Conclusion." Pierce v. Underwood , 108 S.Ct. 2541, 2545 (1988). See also, Williams v. Sullivan, 970 F.2d 1178, 1182 (3d Cir. 1992). We will not set the Commissioner's decision aside if it is supported by substantial evidence, even if we would have decided the factual inquiry differently. See 42 U.S.C.§ 405 (g); Monsour Medical Center, 806 F.2d at 1190-91.

II. Facts

Hartranft sustained a work-related injury on November 20, 1989, while employed as a long-haul trucker by Ashland Chemical Company. Thereafter, Hartranft was examined by Raymond D. LaBarre, D.C., a chiropractor, because of complaints of lower back pain. LaBarre diagnosed Hartranft as having "acute sciatic neuralgia of L4, L5." (R. 101, 111). During a follow-up examination on December 27, 1989, LaBarre advised Hartranft "not to do anything heavy or any long distance truck driving as is his normal occupation." (R. 101). LaBarre also opined that Hartranft could work "relatively light duty." Id.

Richard K. White, M.D., an orthopedic surgeon, examined Hartranft on February 28, 1990. Dr. White's examination revealed limited motion of the lumbar spine. However, Hartranft's station, stance, and gait were normal, and Hartranft had no specific abnormalities associated with his gait. He did experience some problems with his feet and raising his leg, but his toe and heel walking were normal and showed no evidence of muscle weakness. No other abnormalities were noted.

At the request of LaBarre, Hartranft was also examined by Charles R. Reina, M.D., Board-certified orthopedic surgeon, on May 25, 1990. Dr. Reina's report stated that Hartranft was able to walk without limp or complaint, and with a normal gait. His range of motion in both hips was full and without pain, and his neurological examination was normal. Upon re-examination on December 10, 1990, Dr. Reina again found no neurological abnormalities. The medical opinions of Dr. Reina do not "corroborate" LaBarre's findings, as Hartranft alleges. (Appellant's Br. at 24-25). To the contrary, Dr. Reina stated in his report that, based on his examinations of Hartranft, he couldfind none of the neurological abnormalities found by LaBarre. (R. 135).

LaBarre issued a report dated March 21, 1991, summarizing Hartranft's treatment to date, and indicating a "final diagnosis" of degenerative changes of the disc at L4-L5 and L5-S1, slight central disc bulging at L4-L5, and a small central disc herniation at L5-S1. (R. 118). In his report LaBarre opined that Hartranft would be unable to work "in any occupation where he has to bend, twist or lift, or in any occupation where he would have to stand or sit for any protracted period of time." (R. 119). LaBarre also opined that, "the accident of November 20, 1989, was the cause and is presently the cause of Mr. Hartranft's disability and injuries." Id.

On May 20, 1994, Frederick D. Burton, M.D. examined Hartranft at the request of LaBarre. Dr. Burton recommended that Hartranft continue with chiropractic care until his pain decreased and that he not return to his pre-injury job without restriction.

LaBarre continued to provide chiropractic care to Hartranft through November 1995. On February 10, 1996, Hartranft returned to LaBarre's office complaining that he had experienced increased pain and discomfort since concluding his treatment three months earlier. LaBarre found some muscle weakness and continued degenerative disc disease, and urged Hartranft to continue chiropractic care.

At the hearing before the ALJ, Hartranft testified that he continued to work for more than two months following his November 1989 injury. (R. 32). He stated that he took only non-prescription Tylenol for his pain, adding that he did not like to take "pain killers" because they were addictive. (R. 28, 37, 39). He testified that he had a prescription from Dr. Burton for his "nerves" but nothing for pain. He also testified that LaBarre had him walking for exercise and doing light back strengthening exercises, but that he did not walk or exercise once worker's compensation stopped paying his medical bills.

Hartranft further testified that, despite his injuries, he attempted to go back to light duty work with his employer but was told they could not use him anymore. He also testified about a daily routine that included walking his daughter to the bus stop, helping his wife with the dishes, grocery shopping, driving a car, bathing, and dressing himself without assistance. (R. 48). In his May 3, 1994, Disability Report, Hartranft gave a similar description of the level of activity he was capable of engaging in, including visiting friends and relatives, walking, exercising, and helping with cooking.

The ALJ found that Hartranft did have a severe lumbar disc impairment and was unable to return to his past relevant work as a truck driver. (R.18, Findings Nos. 3, 6). The ALJ further found that Hartranft had the residual functional capacity for the full range of light work, diminished by his inability to bend repeatedly, and was thus not disabled under the Act. (R. 18-19, Findings Nos. 7, 11, 12).

III. Discussion

Hartranft relies, in part, upon evidence he introduced regarding his chiropractor's opinion of Hartranft's disability to argue that the ALJ's determination is not supported by substantial evidence, and that the ALJ did not give the chiropractor's opinion adequate weight.

However, a chiropractor's opinion is not "an acceptable medical source" entitled to controlling weight. C.F.R. § 416.913 defines "acceptable source" for purposes of our inquiry as:

"(1) Licensed physicians;

(2) Licensed osteopaths;

(3) Licensed or certified psychologists;

(4) Licensed optometrists for the measurement of visual acuity and visual fields . . . . and

(5) Persons authorized to...