Marie Bialowarczuk v. JO ANNE B. BARNHART, COMM ISSIONER OF SOCIAL SECURITY On Appeal from the Order of…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 02-3495
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MARIE BIALOWARCZUK,
Appellant,
v.
JO ANNE B. BARNHART,
COMM ISSIONER OF SOCIAL SECURITY
___________
On Appeal from the Order of the United States District Court
for the District of New Jersey
(Civil Action No. 00-2863 (WHW))
District Court Judge: The Honorable William H. Walls
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Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
March 6, 2003
Before: ROTH, BARRY, FUENTES, Circuit Judges
(Opinion Filed: July 1, 2003)

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_________________________
OPINION OF THE COURT
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FUENTES, Circuit Judge.
This is an appeal from a judgment of the District Court affirming the
Administrative Law Judge’s (“ALJ”) denial of Disability Insurance Benefits (“DIB”) and
Supplemental Social Security Income (“SSI”) to appellant Marie Bialowarczuk
(“Bialowarczuk”). For the reasons set forth below, we will affirm.
The parties are in substantial agreement that Bialowarczuk suffers from pulmonary
hypertension and a thyroid condition. However, Bialowarczuk’s claim for DIB and SSI
was rejected by the Social Security Administration and, subsequently, by the ALJ as well.
The District Court determined that the ALJ had failed to adhere to our guidance in Cotter
v. Harris, 642 F.2d 700, 705 (3d Cir. 1981), which requires the ALJ to provide findings
“as comprehensive and analytical as feasible, and where appropriate . . . a statement of
subordinate factual foundations on which ultimate factual conclusions are based . . . .” In
light of its determination, the District Court combed the record and ultimately affirmed
the ALJ’s denial of benefits on the alternative ground that Bialowarczuk’s own physician
reported that her disability was only expected to last 30-90 days. Thus, Bialowarczuk
could not establish a disability expected to last 12 months or more, as required by 42
U.S.C. § 423(d)(1)(A).
We agree on both points. The ALJ’s decision was deficient in the several respects

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noted by the District Court. Nevertheless, one of Bialowarczuk’s own treating physicians
reported that her pulmonary hypertension, hypothyroidism, hypercholesterolemia, and
coronary artery disease were expected to be disabling for a period of 30-90 days. App. at
27. Therefore, Bialowarczuk could not establish a disability “which has lasted or can be
expected to last for a continuous period of not less than 12 months.” 42 U.S.C. §
423(d)(1)(A). Because she cannot meet this threshold requirement, the District Court
correctly held that Bialowarczuk would not have been entitled to the benefits for which
she applied. See, e.g., Titus v. Sullivan, 4 F.3d 590, 594 (8th Cir. 1993).
Accordingly, and for the reasons substantially stated in the District Court’s
thorough and persuasive opinion, we affirm.
_________________________
By the Court,
/s/ Julio M. Fuentes
Circuit Judge

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