United States District Court, W.D. Arkansas, Harrison Division
KAREN J. DEEN PLAINTIFF
NANCY A. BERRYHILL,  Acting Commissioner Social Security Administration DEFENDANT
MEMORANDUM OPINION AND JUDGMENT
ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE.
Karen J. Deen, 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 a period of disability
and disability insurance benefits (DIB) and supplemental
security income (SSI) benefits under the provisions of Titles
II and 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. §
protectively filed her current applications for DIB and SSI
on June 28, 2013, alleging an inability to work since May 5,
2013, due to COPD, CAD, low back pain/lumbago, cervicalgia
and arthritis/unspecified arthropathy site unspecified. (Tr.
68, 175, 182). An administrative hearing was held on August
27, 2014, at which Plaintiff appeared with counsel. (Tr.
30-65). A vocational expert also testified at this hearing.
written decision dated April 10, 2015, the ALJ found that
during the relevant time period, Plaintiff had an impairment
or combination of impairments that were severe. (Tr. 14).
Specifically, the ALJ found Plaintiff had the following
severe impairments: coronary artery disease post stenting;
chronic obstructive pulmonary disease (COPD); hypertension;
cervicalgia; mild degenerative disc disease of the lumbar
spine with lumbago; osteoarthritis/fibromyalgia; obesity;
peripheral edema and neuropathy; and trochanteric bursitis.
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. 15). The ALJ found Plaintiff retained
the residual functional capacity (RFC) to:
perform light work as defined in 20 CFR 404.1567(b) and
416.967(b) except she can only occasionally climb ramps and
stairs but can never climb ladders, ropes, or scaffolds. She
can only occasionally balance, stoop, kneel, crouch and
crawl. She must avoid concentrated exposure to temperature
extremes, humidity, fumes/odors/dusts/gases/poor ventilation
and hazards, including driving as part of work.
(Tr. 17). With the help of a vocational expert, the ALJ
determined Plaintiff could perform work as a housekeeper, a
cashier, an inspector, a clerical worker, and an assembler.
then requested a review of the hearing decision by the
Appeals Council, which denied that request on May 25, 2016.
(Tr. 1-5). Subsequently, Plaintiff filed this action. (Doc.
1). This case is before the undersigned pursuant to the
consent of the parties. (Doc. 5). Both parties have filed
appeal briefs, and the case is now ready for decision. (Docs.
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
Court has reviewed the entire transcript and the parties'
briefs. For the reasons stated in the ALJ's well-reasoned
opinion and the Government's brief, the Court finds
Plaintiff's arguments on appeal to be without merit and
finds that the record as a whole reflects substantial
evidence to support the ALJ's decision. Accordingly, the
ALJ's decision is hereby summarily affirmed and
Plaintiff's Complaint is dismissed with prejudice.
See Sledge v. Astrue, No. 08-0089, 2008 WL 4816675
(W.D. Mo. Oct. 31, 2008) (summarily affirming ALJ's
denial of disability benefits), aff'd, 364
Fed.Appx. 307 (8th Cir. 2010).
SO ORDERED AND ADJUDGED.
 Nancy A. Berryhill, has been appointed
to serve as acting Commissioner of Social Security, and is
substituted as Defendant, pursuant to Rule 25(d)(1) of the