Filed: Feb. 14, 2018
Latest Update: Feb. 14, 2018
Summary: MEMORANDUM OPINION ERIN L. WIEDEMANN , Magistrate Judge . Plaintiff, Melody G. Ellsworth, brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying her claims for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). In this judicial review, the Cour
Summary: MEMORANDUM OPINION ERIN L. WIEDEMANN , Magistrate Judge . Plaintiff, Melody G. Ellsworth, brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying her claims for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). In this judicial review, the Court..
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MEMORANDUM OPINION
ERIN L. WIEDEMANN, Magistrate Judge.
Plaintiff, Melody G. Ellsworth, brings this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying her claims for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the administrative record to support the Commissioner's decision. See 42 U.S.C. § 405(g).
Plaintiff protectively filed her current applications for DIB and SSI on May 16, 2014, alleging an inability to work since April 1, 2011, due to diabetes, high blood pressure, tarsal tunnel, a herniated disc in the neck, bacteria in stomach lining, chronic ear infections, neuropathy in feet and legs, muscle spasm in the right arm, an inability to use her right hand due to spasms, knee problems, IBS (irritable bowel syndrome), sleep apnea, COPD (chronic obstructive pulmonary disease), depression and short term memory loss. (Tr. 170-171, 297, 303). An administrative hearing was held on September 16, 2015, at which Plaintiff appeared with counsel and testified. (Tr. 86-116).
By written decision dated November 3, 2015, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 72). Specifically, the ALJ found Plaintiff had the following severe impairments: Musculoskeletal Disorder (Back Disorder, cervical degenerative disc disease); Endocrine Disorder (Diabetes Mellitus); Cardiovascular Disorder (Hypertension); Neurological Disorder (Tarsal Tunnel Syndrome); Special/Other Disorders (Obesity); and Mental Disorder (Mood Disorders, depression). However, after reviewing all of the evidence presented, the ALJ determined that Plaintiff's impairments did not meet or equal the level of severity of any impairment listed in the Listing of Impairments found in Appendix I, Subpart P, Regulation No. 4. (Tr. 73). The ALJ found Plaintiff retained the residual functional capacity (RFC) to:
perform sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a) except as follows: The claimant can frequently lift and/or carry less than ten pounds, and occasionally ten pounds, sit for a total of six hours in an eight hour workday, and stand and/or walk for a total of at least two hours in an eight hour workday. The claimant is limited to jobs including simple tasks requiring simple instructions. The claimant will require a job with only incidental contact with the public.
(Tr. 76). With the help of a vocational expert, the ALJ determined Plaintiff could perform work as an ordinance checkweigher, an almond blancher and a bench hand. (Tr. 81).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which after reviewing additional evidence submitted by Plaintiff, denied that request on September 28, 2016. (Tr. 1-7). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 6). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 12, 13).
This Court's role is to determine whether the Commissioner's findings are supported by substantial evidence on the record as a whole. Ramirez v. Barnhart, 292 F.3d 576, 583 (8th Cir. 2002). Substantial evidence is less than a preponderance but it is enough that a reasonable mind would find it adequate to support the Commissioner's decision. The ALJ's decision must be affirmed if the record contains substantial evidence to support it. Edwards v. Barnhart, 314 F.3d 964, 966 (8th Cir. 2003). As long as there is substantial evidence in the record that supports the Commissioner's decision, the Court may not reverse it simply because substantial evidence exists in the record that would have supported a contrary outcome, or because the Court would have decided the case differently. Haley v. Massanari, 258 F.3d 742, 747 (8th Cir. 2001). In other words, if after reviewing the record it is possible to draw two inconsistent positions from the evidence and one of those positions represents the findings of the ALJ, the decision of the ALJ must be affirmed. Young v. Apfel, 221 F.3d 1065, 1068 (8th Cir. 2000).
The Court has reviewed the entire transcript and the parties' briefs. For the reasons stated in the ALJ's well-reasoned opinion and the Government's brief, the Court finds Plaintiff's arguments on appeal to be without merit and finds that the record as a whole reflects substantial evidence to support the ALJ's decision. Accordingly, the ALJ's decision is hereby summarily affirmed and Plaintiff's Complaint is dismissed with prejudice. See Sledge v. Astrue, No. 08-0089, 2008 WL 4816675 (W.D. Mo. Oct. 31, 2008) (summarily affirming ALJ's denial of disability benefits), aff'd, 364 Fed. Appx. 307 (8th Cir. 2010).
