Burnett v. Commissioner of Social Security Administration

220 F.3d 112 (2000)

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Burnett v. Commissioner of Social Security Administration

United States Court of Appeals for the Third Circuit
220 F.3d 112 (2000)

Facts

Ethel Burnett (plaintiff) worked as a deli clerk from 1977 until 1991, when Burnett injured her knee and back. Burnett applied to the Social Security Administration (SSA) (defendant) for disability benefits, claiming an inability to work since May 1991 due to her injuries. Burnett’s application was denied. Burnett appealed, providing supporting medical evidence from treating doctors and testimony from Burnett, her husband, and her neighbor regarding the severity of Burnett’s impairments. Burnett indicated that as a deli clerk, she performed “medium” work, walking and standing for long shifts, lifting 50 pounds, and constantly bending. On reconsideration, an administrative-law judge (ALJ) affirmed the denial of benefits, concluding that Burnett’s impairment did not equal a listed impairment under the Social Security regulation. The ALJ further determined that Burnett had a residual functional capacity (RFC) to perform “light” work, of which Burnett’s prior deli employment consisted. The ALJ rejected Burnett’s testimony, finding that the testimony was not supported by objective medical evidence and concluding that Burnett likely could not have lifted 50 pounds at a time because of her small stature. The appeals council and the district court affirmed. Burnett appealed.

Rule of Law

Issue

Holding and Reasoning (Schwartz, J.)

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