United States District Court, W.D. Arkansas, Fort Smith Division
PAULA R. MCREYNOLDS PLAINTIFF
NANCY A. BERRYHILL Acting Commissioner, Social Security Administration DEFENDANT
BARRY A. BRYANT, U.S. MAGISTRATE JUDGE.
R. McReynolds (“Plaintiff”) brings this action
under 42 U.S.C. § 405(g), seeking judicial review of a
final decision of the Commissioner of the Social Security
Administration (“SSA”) denying her claim for a
period of disability and disability insurance benefits
(“DIB”) and supplemental security income
(“SSI”) benefits under Titles II and XVI of the
Social Security Act (“The Act”).
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. 5). Pursuant to this authority, the Court
issues this memorandum opinion and orders the entry of a
final judgment in this matter.
protectively filed her disability application for DIB and SSI
on August 19, 2011. (ECF No. 8, pp. 80-83). In her
applications, Plaintiff alleges being disabled due to chronic
obstructive pulmonary disease (“COPD”), diabetes,
bulging discs in her lower back and neck, depression,
anxiety, and post-surgical problems of her left forearm. (ECF
No. 8, p. 169). Plaintiff alleges an onset date of August 1,
2009. (ECF No. 8, p. 165). These applications were denied
initially and again upon reconsideration. (ECF No. 8, pp.
Plaintiff requested an administrative hearing on her denied
applications, and this hearing request was granted. (ECF No.
8, p. 108). After this hearing, on May 24, 2013, the ALJ
entered an unfavorable decision denying Plaintiff's
applications for DIB and SSI. (ECF No. 8, pp. 21-32).
Plaintiff subsequently filed an appeal with this Court.
McReynolds v. Colvin, No. 2:14-cv-02226, 2015 WL
3866773 (W.D. Ark. 2015). The May 24, 2013, decision of the
ALJ was reversed and remanded for failure to properly analyze
Plaintiff's subjective complaints in accordance with the
requirements of Polaski v. Heckler, 739 F.2d 1320
(8th Cir. 1984). Id.
second administrative hearing was held on November 3, 2015,
in Fort Smith, Arkansas. (ECF No. 8, pp. 1155-199). Plaintiff
was present and was represented by Iva Nell Gibbons.
Id. Plaintiff and VE Larry Seifert testified at this
hearing. Id. At the time of this hearing, Plaintiff
was forty years old, which is defined as a “younger
person” under 20 C.F.R. § 404.1563(c); 20 C.F.R.
§ 416.963(c). (ECF No. 8, p. 1158). As for her level of
education, Plaintiff earned a GED. Id.
this hearing, on February 4, 2016, the ALJ entered an
unfavorable decision denying Plaintiff's applications for
DIB and SSI. (ECF No. 8, pp. 1129-146). In this decision, the
ALJ found Plaintiff met the insured status requirements of
the Act through March 31, 2014. (ECF No. 8, p. 1135, Finding
1). The ALJ found Plaintiff had not engaged in Substantial
Gainful Activity (“SGA”) since August1, 2009, her
alleged onset date. (ECF No. 8, p. 1135, Finding 2). The ALJ
determined Plaintiff had the following severe impairments:
“Musculoskeletal Disorder (Back Disorder, gegenerative
disc disease) (7240); Respiratory Disorder (Chronic Pulmonary
Endocrine Disorder (Diabetes Mellitus) (2500); Special/Other
Disorders (Obesity) (2780); and Mental Disorders (Affective
Disorder, anxiety) (3000) and (Personality Disorder (3010).
(ECF No. 8, pp. 1135-136, Finding 3). Despite being severe,
the ALJ determined these impairments did not meet or
medically equal the requirements of any of the Listings of
Impairments in Appendix 1 to Subpart P of Part 404
(“Listings”). (ECF No. 8, pp. 1136-138, Finding
then considered Plaintiff's Residual Functional Capacity
(“RFC”). (ECF No. 8, pp. 1139-144, 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 RFC to perform:
sedentary work as defined in 20 CFR 404.1567(a) and
416.967(a) except as follows: [Plaintiff] 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. [Plaintiff] can occasionally
climb, balance, crawl, kneel, stoop, or crouch. [Plaintiff]
can perform simple, routine, and repetitive tasks in a
setting where interpersonal contact is incidental to the work
performed. [Plaintiff] can respond to supervision that is
simple, direct, and concrete. [Plaintiff] must avoid
concentrated exposure to pulmonary irritants like dusts,
odors, and gasses.
then determined Plaintiff was unable to perform any Past
Relevant Work (“PRW”). (ECF No. 8, p. 1144,
Finding 6). The VE testified at the administrative hearing
regarding this issue. (ECF No. 8, pp. 1193-198). Based on
Plaintiff's age, education, work experience, and RFC, the
ALJ determined there were jobs existing in significant
numbers in the national economy Plaintiff could perform, such
as a compact assembler, which has a DOT code of 739.687-066,
with approximately five thousand (5, 000) jobs in the
national economy and approximately one hundred three (103)
jobs in the state of Arkansas, as a semiconductor bonder,
which has a DOT code of 726.685-066, with approximately five
thousand four hundred one (5, 401) jobs in the national
economy and approximately seventy (70) jobs in the state of
Arkansas, and as a printed circuit board checker, which has a
DOT code of 726.684-110, with approximately one hundred five
(105) jobs in the state of Arkansas. (ECF No. 8, pp.
1145-146, Finding 10). Because jobs exist in significant
numbers in the national economy which Plaintiff can perform,
the ALJ also determined Plaintiff had not been under a
disability, as defined by the Act, from August 1, 2009,
through February 4, 2016, the date of the ALJ's decision.
(ECF No. 8, p. 1146, Finding 11).
31, 2016, Plaintiff filed the present appeal with this Court.
(ECF No. 1). The Parties consented to the jurisdiction of
this Court on June 1, 2016. ...