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Parent v. Colvin

United States District Court, W.D. Arkansas, Harrison Division

April 8, 2015

GRETCHEN JOANNE PARENT, Plaintiff,
v.
CAROLYN W. COLVIN Commissioner, Social Security Administration, Defendant.

MEMORANDUM OPINION

BARRY A. BRYANT, Magistrate Judge.

Gretchen Joanne Parent ("Plaintiff") brings this action pursuant to § 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. § 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying her applications for Supplemental Security Income ("SSI"), Disability Insurance Benefits ("DIB"), and a period of disability under Titles II and XVI of the Act.

The Parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 9.[1] Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this matter.

1. Background:

Plaintiff protectively filed her disability applications on October 31, 2011 (DIB) and on November 1, 2011 (SSI). (Tr. 9, 141-148). In these applications, Plaintiff alleges being disabled due to seizures, carpal tunnel syndrome, migraines, depression, "black outs, " rheumatoid arthritis, posttraumatic stress disorder, bipolar disorder, depression, and anxiety. (Tr. 207). Plaintiff alleges an onset date of September 25, 2011. (Tr. 9). Plaintiff's applications were denied initially and again upon reconsideration. (Tr. 77-79).

Thereafter, on March 21, 2012, Plaintiff requested an administrative hearing on her applications, and this hearing request was granted. (Tr. 93-97). Plaintiff's administrative hearing was held on September 13, 2012 in Fort Smith, Arkansas. (Tr. 28-76). At this hearing, Plaintiff was present and was represented by Ms. Price.[2] Id. On the date of this hearing, Plaintiff was thirty (30) years old, which is defined as a "younger person" under 20 C.F.R. § 416.963(c) (2008) (SSI) and under 20 C.F.R. § 404.1563(c) (2008) (DIB). (Tr. 32). As for her education, Plaintiff testified she had completed a few years of college. (Tr. 32-33).

On November 28, 2012, the ALJ entered an unfavorable decision denying Plaintiff's disability applications. (Tr. 6-22). In this decision, the ALJ found Plaintiff last met the insured status requirements of the Act through March 31, 2016. (Tr. 11, Finding 1). The ALJ determined Plaintiff had not engaged in Substantial Gainful Activity ("SGA") since September 25, 2011, her alleged onset date. (Tr. 11, Finding 2). The ALJ determined Plaintiff had the following severe impairments: fibromyalgia, chronic back pain, syncope, migraines, seizures, major depressive disorder, generalized anxiety disorder, and panic disorder with agoraphobia. (Tr. 11-12, Finding 3). The ALJ also determined, however, that Plaintiff's impairments did not meet or medically equal the requirements of any of the Listings of Impairments in Appendix 1 to Subpart P of Regulations No. 4 ("Listings"). (Tr. 12-14, Finding 4).

In this decision, the ALJ evaluated Plaintiff's subjective complaints and determined her RFC. (Tr. 14-19, Finding 5). First, the ALJ evaluated Plaintiff's subjective complaints and found her claimed limitations were not entirely credible. Id. Second, the ALJ determined Plaintiff retained the capacity to perform the following:

After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except that she cannot climb ladders, ropes and scaffolds, and she must avoid all hazards, including driving as a part of work. In addition, the claimant can perform work where interpersonal contact is incidental to the work performed, the complexity of tasks is learned and performed by rote with few variables and little judgment involved and the supervision required is simple, direct and concrete.

Id.

The ALJ then evaluated Plaintiff's Past Relevant Work ("PRW"). (Tr. 20-21, Finding 6). The VE testified at the administrative hearing regarding this issue. Id. Based upon that testimony, the ALJ found Plaintiff retained the capacity to perform her PRW as a hand packager and cashier II.[3] Id. Because Plaintiff retained the capacity to perform her PRW, the ALJ determined Plaintiff had not been under a disability, as defined by the Act, from September 25, 2011 through the date of his decision or through November 28, 2012. (Tr. 22, Finding 7).

Thereafter, Plaintiff requested the review of the Appeals Council. (Tr. 1-3). The Appeals Council denied Plaintiff's request for review. (Tr. 5). On May 27, 2014, Plaintiff filed her Complaint in this matter. ECF No. 1. The Parties consented to the jurisdiction of this Court on May 13, 2014. ECF No. 9. Both Parties have filed appeal briefs. ECF Nos. 16-17. This case is now ready for decision.

2. Applicable Law:

In reviewing this case, this Court is required to determine whether the Commissioner's findings are supported by substantial evidence on the record as a whole. See 42 U.S.C. § 405(g) (2006); Ramirez v. Barnhart, 292 F.3d 576, 583 (8th Cir. 2002). Substantial evidence is less than a preponderance of the evidence, but it is enough that a reasonable mind would find it adequate to support the Commissioner's decision. See Johnson v. Apfel, 240 F.3d 1145, 1147 (8th Cir. 2001). 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. See Haley v. Massanari, 258 F.3d 742, 747 (8th Cir. 2001). If, after reviewing the record, it is ...


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