United States District Court, W.D. Arkansas, Fort Smith Division
MICAH N. GREEN PLAINTIFF
NANCY A. BERRYHILL Acting Commissioner, Social Security Administration DEFENDANT
BARRY A. BRYANT, U.S. MAGISTRATE JUDGE
N. Green (“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 Supplemental
Security Income (“SSI”), Disability Insurance
Benefits (“DIB”), and period of disability under
Titles II and XVI of 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 his disability applications on July 16,
2014. (Tr. 151). In these applications, Plaintiff alleges
being disabled due to a number of impairments: immune
disorders causing fatigue, vomiting, and high fever. (Tr.
329). Plaintiff alleges an onset date of July 2, 2014. (Tr.
151). His applications were denied initially and again upon
reconsideration. (Tr. 192-213).
requested an administrative hearing on his denied
applications. (Tr. 234-235). This request was granted, and
Plaintiff's administrative hearing was held on June 10,
2015 in Fort Smith, Arkansas. (Tr. 165-191). At this hearing,
Plaintiff was present and was represented by David Harp.
Id. Plaintiff and Vocational Expert
(“VE”) Jim Spragins testified at this hearing.
Id. During this hearing, Plaintiff testified he was
twenty-eight (28) years old, which is defined as a
“younger person” under 20 C.F.R. §
404.1563(c) (DIB) and 20 C.F.R. § 416.965(c) (SSI). (Tr.
158, Finding 7). As for his education, Plaintiff had at least
a high school education and was able to communicate in
English. (Tr. 159, Finding 8).
16, 2015, after the administrative hearing, the ALJ entered a
fully unfavorable decision denying Plaintiff's
applications. (Tr. 148-160). The ALJ determined Plaintiff met
the insured status requirements of the Act through March 31,
2018. (Tr. 153, Finding 1). The ALJ determined Plaintiff had
not engaged in Substantial Gainful Activity
(“SGA”) since July 2, 2014, his alleged onset
date. (Tr. 153, Finding 2). The ALJ determined Plaintiff had
the following severe impairments: chronic lower back pain,
obesity, and mood disorder. (Tr. 153-154, 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. 154-155, Finding 4).
decision, the ALJ evaluated Plaintiff's subjective
complaints and determined his RFC. (Tr. 155-158, 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 the following:
After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform medium work as defined in 20
CFR 404.1567(c) and 416.967(c) except the claimant is limited
to jobs involving only simple tasks and instructions.
evaluated Plaintiff's Past Relevant Work
(“PRW”) and found Plaintiff did not retain the
capacity to perform any of his PRW. (Tr. 158, Finding 6). The
ALJ then considered whether Plaintiff retained the capacity
to perform other work existing in significant numbers in the
national economy. (Tr. 159, Finding 10). The VE testified at
the administrative hearing regarding this issue. Id.
upon this testimony and considering his RFC, the ALJ
determined Plaintiff retained the capacity to perform the
following medium, unskilled occupations: (1) commercial
cleaner with 208, 000 such jobs in the nation and 1, 800 such
jobs in Arkansas; and (2) salvage laborer with 59, 000 such
jobs in the nation and 1, 300 such jobs in Arkansas. (Tr.
159, Finding 10). Because Plaintiff retained the capacity to
perform this other work, the ALJ determined Plaintiff had not
been under a disability, as defined by the Act, at any time
from July 2, 2014 through the date of his decision or through
July 16, 2015. (Tr. 160, Finding 11).
sought review with the Appeals Council. On August 10, 2016,
the Appeals Council denied his request for review. (Tr. 1-3).
On August 30, 2016, Plaintiff filed a Complaint in his case.
ECF No. 1. Both Parties have filed appeal briefs and have
consented to the jurisdiction of this Court. ECF Nos. 5,
12-13. This case is now ready for determination.