United States District Court, W.D. Arkansas, Harrison Division
ROBERT N. DEVALL PLAINTIFF
CAROLYN W. COLVIN Commissioner, Social Security Administration DEFENDANT
BARRY A. BRYANT U.S. MAGISTRATE JUDGE
N. Devall (“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 his applications for Disability
Insurance Benefits (“DIB”), Supplemental Security
Income (“SSI”), and a period of disability.
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. 6. Pursuant to this authority, the Court
issues this memorandum opinion and orders the entry of a
final judgment in this matter.
protectively filed his disability applications on October 25,
2012. (Tr. 9, 180-189). In these applications, Plaintiff
alleges being disabled due to a neck injury, arthritis in his
shoulder and neck, hearing problems, depression, and
Hepatitis C. (Tr. 229). Plaintiff alleges an onset date of
January 1, 2011. (Tr. 9). These applications were denied
initially and again upon reconsideration. (Tr. 64-112).
Plaintiff requested an administrative hearing on his denied
applications. (Tr. 139-140). This hearing request was
granted, and Plaintiff's administrative hearing was held
on January 16, 2014 in Harrison, Arkansas. (Tr. 28-63). At
this hearing, Plaintiff was present and was represented by
Frederick Spencer. Id. Plaintiff, a witness for
Plaintiff, and Vocational Expert (“VE”) Bill
Spragens testified at this hearing. Id.
April 17, 2014, after the administrative hearing, the ALJ
entered a fully unfavorable decision denying Plaintiff's
applications. (Tr. 6-18). The ALJ determined Plaintiff met
the insured status requirements of the Act through December
31, 2014. (Tr. 11, Finding 1). The ALJ found Plaintiff had
not engaged in Substantial Gainful Activity
(“SGA”) since January 1, 2011, his alleged onset
date. (Tr. 11, Finding 2). The ALJ determined Plaintiff had
the following severe impairments: status post cervical fusion
and Hepatitis C. (Tr. 11-12, Finding 3). The ALJ also
determined 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.13, Finding 4).
decision, the ALJ evaluated Plaintiff's subjective
complaints and determined his RFC. (Tr. 13-16, Finding 5).
First, the ALJ evaluated Plaintiff's subjective
complaints and found his claimed limitations were not
entirely credible. Id. Second, the ALJ determined
Plaintiff retained the capacity to perform a wide range of
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 he is limited to only
occasional overhead reaching bilaterally.
found Plaintiff had at least a high school education and was
able to communicate in English. (Tr. 16, Finding 8). The ALJ
also found Plaintiff was forty-five (45) years old, which is
defined as a “younger person” under 20 C.F.R.
§ 404.1563(c) and 20 C.F.R. § 416.963(c). (Tr. 16,
evaluated Plaintiff's Past Relevant Work
(“PRW”). (Tr.16, Finding 6). The ALJ determined
that, considering his RFC, Plaintiff was unable to perform
any of his PRW. Id. The ALJ then determined whether
Plaintiff retained the capacity other work existing in
significant numbers in the national economy. (Tr. 16-17,
Finding 10). The VE testified at the administrative hearing
regarding this issue. Id.
Plaintiff's RFC and other limitations, the ALJ determined
a hypothetical person with those limitations retained the
capacity to perform representative occupations such as (1)
cashier II (light, unskilled) with 14, 000 such jobs in
Arkansas and 1, 700, 000 such jobs in the United States; and
(2) price marker (light, unskilled) with 3, 000 such jobs in
Arkansas and 319, 000 such jobs in the United States. (Tr.
17). Because Plaintiff retained the capacity to perform these
jobs, he retained the capacity to perform other work.
Accordingly, the ALJ determined Plaintiff had not been under
a disability, as defined by the Act, from January 1, 2011
(alleged onset date) through April 17, 2014 (ALJ's
decision date). (Tr. 17, Finding 11).
sought review with the Appeals Council. (Tr. 24). Thereafter,
on September 16, 2015, the Appeals Council denied
Plaintiff's request for review. (Tr. 1-3). On October 23,
2015, Plaintiff filed his Complaint in this case. ECF No. 1.
Both Parties have filed appeal briefs and have consented to