United States District Court, W.D. Arkansas, Harrison Division
NICOLE L. HOGG PLAINTIFF
NANCY A. BERRYHILL,  Commissioner Social Security Administration DEFENDANT
ERIN L. WIEDEMANN, UNITED STATES MAGISTRATE JUDGE
Nicole L. Hogg, brings this action pursuant to 42 U.S.C.
§ 405(g), seeking judicial review of a decision of the
Commissioner of the Social Security Administration
(Commissioner) denying her claims for supplemental security
income (SSI) benefits under the provisions of Title XVI of
the Social Security Act (Act). In this judicial review, the
Court must determine whether there is substantial evidence in
the administrative record to support the Commissioner's
decision. See 42 U.S.C. § 405(g).
protectively filed her current application for SSI on January
24, 2013, alleging an inability to work due to a back
impairment at ¶ 4, L5 and S1; bipolar disorder;
attention deficit hyperactivity disorder (ADHD); manic
depression; and anxiety (Tr. 70, 158). An administrative
hearing was held on September 23, 2014, at which Plaintiff
appeared with counsel and testified. (Tr. 34-68).
written decision dated January 5, 2015, the ALJ found that
during the relevant time period, Plaintiff had an impairment
or combination of impairments that were severe. (Tr. 17).
Specifically, the ALJ found Plaintiff had the following
severe impairments: chronic low back pain secondary to
degenerative disc disease at ¶ 4 and L5, obesity,
bipolar disorder, anxiety, and ADHD. However, after reviewing
all of the evidence presented, the ALJ determined that
Plaintiff's impairments did not meet or equal the level
of severity of any impairment listed in the Listing of
Impairments found in Appendix I, Subpart P, Regulation No. 4.
(Tr. 17). The ALJ found Plaintiff retained the residual
functional capacity (RFC) to:
perform sedentary work as defined in 20 CFR 416.967(a) except
the claimant is (sic) can perform jobs with simple tasks and
simple, one-and two-step instructions with only incidental
contact with the public.
(Tr. 18-19). With the help of a vocational expert, the ALJ
determined Plaintiff could perform work as a machine tender,
an assembler, and an inspector. (Tr. 23).
then requested a review of the hearing decision by the
Appeals Council, which denied that request on March 31, 2016.
(Tr. 4). Subsequently, Plaintiff filed this action. (Doc. 1).
This case is before the undersigned pursuant to the consent
of the parties. (Doc. 7). Both parties have filed appeal
briefs, and the case is now ready for decision. (Docs. 11,
Court has reviewed the entire transcript. The complete set of
facts and arguments are presented in the parties' briefs,
and are repeated here only to the extent necessary.
Court's role is to determine whether the
Commissioner's findings are supported by substantial
evidence on the record as a whole. Ramirez v.
Barnhart, 292 F.3d 576, 583 (8th Cir. 2002). Substantial
evidence is less than a preponderance but it is enough that a
reasonable mind would find it adequate to support the
Commissioner's decision. The ALJ's decision must be
affirmed if the record contains substantial evidence to
support it. Edwards v. Barnhart, 314 F.3d 964, 966
(8th Cir. 2003). 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. Haley v. Massanari, 258 F.3d 742, 747
(8th Cir. 2001). In other words, if after reviewing the
record it is possible to draw two inconsistent positions from
the evidence and one of those positions represents the
findings of the ALJ, the decision of the ALJ must be
affirmed. Young v. Apfel, 221 F.3d 1065, 1068 (8th
well established that a claimant for Social Security
disability benefits has the burden of proving her disability
by establishing a physical or mental disability that has
lasted at least one year and that prevents her from engaging
in any substantial gainful activity. Pearsall v.
Massanari, 274 F.3d 1211, 1217 (8th Cir. 2001); see
also 42 U.S.C. § § 423(d)(1)(A), 1382c
(a)(3)(A). The Act defines “physical or mental
impairment” as “an impairment that results from
anatomical, physiological, or psychological abnormalities
which are demonstrable by medically acceptable clinical and
laboratory diagnostic techniques.” 42 U.S.C.
§§ 423(d)(3), 1382(3)(C). A Plaintiff must show
that her disability, not simply her impairment, has lasted
for at least twelve consecutive months.
Commissioner's regulations require her to apply a
five-step sequential evaluation process to each claim for
disability benefits: (1) whether the claimant has engaged in
substantial gainful activity since filing her claim; (2)
whether the claimant has a severe physical and/or mental
impairment or combination of impairments; (3) whether the
impairment(s) meet or equal an impairment in the listings;
(4) whether the impairment(s) prevent the claimant from doing
past relevant work; and (5) whether the claimant is able to
perform other work in the national economy given her age,
education, and experience. See 20 C.F.R. §
416.920. Only if the final stage is reached does the fact
finder consider the Plaintiff's age, education, and work
experience in light of her residual functional capacity.
See McCoy v. Schweiker, 683 F.2d 1138, 1141-42 (8th
Cir. 1982); 20 C.F.R. § 416.920.