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Stevens v. Berryhill, 5:17-cv-5120. (2018)

Court: District Court, W.D. Arkansas Number: infdco20180906730 Visitors: 34
Filed: Sep. 05, 2018
Latest Update: Sep. 05, 2018
Summary: MEMORANDUM OPINION ERIN L. WIEDEMANN , Magistrate Judge . Plaintiff, Candy Stevens, 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) under the provisions of Titles II and XVI of the Social Security Act (Act). In this judicial review, the Court must determi
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MEMORANDUM OPINION

Plaintiff, Candy Stevens, 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) 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 August 10, 2014, alleging an inability to work since April 13, 2014,2 due to sciatic nerve issues, arthritis of the spine, degenerative disc issues in the low back, sacroiliitis, and a pinched nerve in the neck. (Tr. 73, 89, 107, 125). For DIB purposes, Plaintiff maintained insured status through December 31, 2016. (Tr. 73, 107). An administrative hearing was held on March 16, 2016, at which Plaintiff and a vocational expert testified. (Tr. 44-70).

By written decision dated May 18, 2016, the ALJ found that during the relevant time period, Plaintiff had severe impairments of degenerative disc disease L3-4 and L4-5, spondylosis of the lumbar spine, and anxiety. (Tr. 25). However, after reviewing all of the evidence presented, the ALJ determined that Plaintiff's impairment 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. 26). The ALJ found that Plaintiff retained the residual functional capacity (RFC) to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except she is limited to jobs involving simple tasks and simple instructions, and only incidental contact with the public. (Tr. 27-34). With the help of a vocational expert (VE), the ALJ determined that although Plaintiff was unable to perform her past relevant work, there were jobs that existed in significant numbers in the national economy that Plaintiff could perform, such as wrapper/hand packager and bindery-machine feeder. (Tr. 35).

Plaintiff then requested a review of the hearing decision by the Appeals Council, which denied that request on June 1, 2017. (Tr. 1-7). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 7). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 13, 15).

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).

IT IS SO ORDERED AND ADJUDGED.

FootNotes


1. Nancy A. Berryhill, has been appointed to serve as acting Commissioner of Social Security, and is substituted as Defendant, pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure.
2. At the March 16, 2016, hearing before the ALJ, Plaintiff amended her alleged onset date from January 29, 2014, to April 13, 2014. (Tr. 47, 213, 215).
Source:  Leagle

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