Opinions of the United 2003 Decisions States Court of Appeals for the Third Circuit

3-25-2003

McDonnell v. Comm Social Security Precedential or Non-Precedential: Non-Precedential

Docket 02-2789

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Recommended Citation "McDonnell v. Comm Social Security" (2003). 2003 Decisions. Paper 718. http://digitalcommons.law.villanova.edu/thirdcircuit_2003/718

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 02-2789

JOSEPH MCDONNELL,

Appellant

v.

*JOANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY * (Pursuant to F.R.A.P. 43 (c))

On Appeal from the United States District Court for the Eastern District of Pennsylvania District Judge: Honorable John P. Fullam (D.C. Civ. No. 01-00035)

Argued February 27, 2003

BEFORE: SCIRICA, GREENBERG, and GIBSON*, Circuit Judges

(Filed: March 24, 2003)

*Honorable John R. Gibson, Senior Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation. Eric J. Fischer (argued) Breyer Office Park, Suite 110 8380 Old York Road Elkins Park, Pa. 19027

Attorney for Appellant

Patrick L. Meehan United States Attorney Susan Skirtich Assistant United States Attorney Eastern District of Pennsylvania 615 Chestnut Street Philadelphia, Pa. 19106 James A. Winn Regional Chief Counsel Eda L. Giusti (argued) Assistant Regional Counsel Office of the General Counsel Social Security Administration P.O. Box 41777 Philadelphia, Pa. 19101

Attorneys for Appellee

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Appellant Joseph McDonnell appeals from an order entered May 29, 2002, in the

district court approving and adopting the report and recommendation of magistrate judge

Linda K. Caracappa dated April 24, 2002, and granting summary judgment in favor of the

Commissioner of Social Security in this disability insurance benefits and supplemental

security income case. On this appeal we exercise plenary review over the decision of the

2 district court, Knepp v. Apfel,

(3d Cir. 2000), but we must uphold the

Commissioner’s decision if supported by substantial evidence. See Richardson v. Perales,

,

(1971). There is, however, a special situation here

in which McDonnell challenges the fairness of the administrative proceedings as he

contends that the administrative law judge who considered the case following the remand

did not decide the case on the entire record. We regard this contention as raising a legal

issue which we consider de novo. See Knepp,

.

Inasmuch as the magistrate judge comprehensively set forth the background of this

case in her report and recommendation we do not repeat it. We have examined the record

and are satisfied that applying the appropriate standards of review we have no basis to

disturb the order for summary judgment. Consequently the order of May 29, 2002, will be

affirmed.

/s/ Morton I. Greenberg Circuit Judge

3