United States District Court, E.D. Arkansas, Jonesboro Division
ORDER AFFIRMING THE COMMISSIONER
T. KEARNEY, UNITED STATES MAGISTRATE JUDGE
Green applied for social security disability benefits with an
amended alleged onset date of December 1, 2010. (R. at 33).
After a hearing, the administrative law judge (ALJ) denied
Green's applications. (R. at 20). The Appeals Council
declined review. (R. at 1). The ALJ's decision stands as
the Commissioner's final decision, and Green has
requested judicial review. The parties have consented to the
jurisdiction of the Magistrate Judge.
reasons stated below, this Court affirms the ALJ's
found that Green had the severe impairments of
bronchitis/asthma; degenerative disk disease; degenerative
joint disease; arthritis; medial meniscus tear; obesity; and
anxiety. (R. at 11). The ALJ then determined that Green had
the residual functional capacity to perform less than the
full range of sedentary work, specifically that she could
lift and/or carry up to 10 pounds occasionally; sit six hours
in an eight hour day; stand and walk a total of two hours in
an eight hour day; occasionally stoop, crouch, bend, kneel,
crawl, and balance; perform work that is simple, routine, and
repetitive with supervision that is simple, direct, and
concrete; would be unable to tolerate excessive exposure to
dust, smoke, fumes, and other pulmonary irritants; and would
require a cane to work. (R. at 14). Having taken testimony
from a vocational expert (VE), the ALJ then found that Green
could not return to her past relevant work. (R. at 18).
However, the ALJ found that Green could perform such jobs as
a food order clerk or a charge account clerk. (R. at 19).
Accordingly, the ALJ determined that Green was not disabled
at step 5 of the five-step evaluative process. (R. at 20).
argues that the ALJ erred in determining her RFC and failed
to present a proper hypothetical to the VE. Specifically, she
argues that she is unable to effectively ambulate, that her
obesity was not accounted for, and that the ALJ did not
account for her need to keep her legs elevated.
Court will affirm the ALJ's decision if it is supported
by “substantial evidence in the record as a whole,
” which is more than a scintilla but less than a
preponderance. Slusser v. Astrue, 557 F.3d 923, 925
(8th Cir. 2009). Even if it is possible to draw two
inconsistent positions from the evidence, the Court must
affirm if one of those positions represents the ALJ's
findings. Milam v. Colvin, 794 F.3d 978, 983 (8th
Green argues for additional limitations that the ALJ did not
include, she cites to no medical evidence supporting those
limitations. She notes numerous findings relating to the
degenerative joint disease in her knee, but the ALJ fully
considered her history of knee problems. (R. at 16-17).
Additionally, while Green takes issue with the ALJ's
focus on her use of a cane for balance, this was the wording
used by her own doctor. (R. at 16, 590). Her doctor even
noted that “she feels like she is getting around
okay.” (R. at 590). The ALJ included the use of a cane
in the RFC, so it is unclear how the ALJ's statements
regarding her use of a cane are either inaccurate or
record is also devoid of any physician's opinion imposing
additional limitations on Green due to her obesity. Further,
the ALJ specifically considered her obesity in the opinion,
noting that it “most likely complicates her knee and
back problems, as well as her respiratory impairments.”
(R. at 17).
also maintains that her use of narcotic pain medication
precludes the ability to work due to side effects. However,
she reported that she suffered no side effects from the use
of her medication. (R. at 208). She also stated that her pain
lasts “until I take my medicine.” (R. at 207). If
an impairment can be controlled with medication, it cannot be
considered disabling. Turpin v. Colvin, 750 F.3d
989, 993 (8th Cir. 2014).
briefly summarizes listings 1.03 and 1.02 but makes no clear
argument as to their application. However, as Green can
ambulate effectively, she meets neither listing. 20 C.F.R.
§ Pt. 404, Subpt. P, App. 1.
Green's alleged need to elevate her legs, there is no
medical evidence showing that she needs to do so. The only
evidence suggesting that she needs to elevate her legs comes
from her testimony. (R. at 34-35). The ALJ discredited
Green's subjective allegations for legally sufficient
reasons. (R. at 15-18). She also does not challenge the
ALJ's credibility determination and has not demonstrated
that it was inadequate.
the hypothetical question posed to the VE, the ALJ's
question included all of the limitations identified in the
RFC, and Green has failed to show that the ALJ excluded any
limitation that is supported by substantial evidence on the