United States District Court, W.D. Arkansas, Harrison Division
JAMIE C. PATTON PLAINTIFF
NANCY A. BERRYHILL,  Commissioner Social Security Administration DEFENDANT
ERIN L. WIEDEMANN, UNITED STATES MAGISTRATE JUDGE.
Jamie C. Patton, 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) under the provisions
of Title II 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 request for expedited reinstatement
and current application for DIB on July 5, 2013, alleging an
inability to work since July 1, 2013, due to a back injury, a
left hip injury, depression, anxiety and PTSD (post-traumatic
stress disorder). (Tr. 66-73) An administrative hearing was
held on September 10, 2014, at which Plaintiff appeared with
counsel and testified. (Tr. 544-566).
written decision dated December 11, 2014, the ALJ found that
during the relevant time period, Plaintiff had an impairment
or combination of impairments that were severe. (Tr. 19).
Specifically, the ALJ found Plaintiff had the following
severe impairments: degenerative disc disease of the cervical
and lumbar spine; chronic obstructive pulmonary disease
(COPD); an affective disorder; an anxiety disorder; and a
personality disorder. 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. 19-20). The ALJ
found Plaintiff retained the residual functional capacity
perform sedentary work as defined in 20 CFR 404.1567(a)
except the claimant is able to occasionally climb, balance,
kneel, stoop, crouch and crawl and must avoid concentrated
exposure to pulmonary irritants. In addition, the claimant is
able to perform simple, routine and repetitive tasks where
interpersonal contact is incidental to the tasks performed
and supervision is simple, direct and concrete.
21). With the help of a vocational expert, the ALJ determined
Plaintiff could perform work as a pneumatic tube operator, a
cutter and paster of press clippings, and a film touchup
inspector. (Tr. 27).
then requested a review of the hearing decision by the
Appeals Council, which after reviewing additional evidence
submitted by Plaintiff, denied that request on June 16, 2016.
(Tr. 4-7). Subsequently, Plaintiff filed this action. (Doc.
1). This case is before the undersigned pursuant to the
consent of the parties. (Doc. 6). 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
Federal Rules of Civil Procedure.
 The Court notes the ALJ's December
11, 2014, hearing decision states Plaintiff was represented
at the hearing by Sean Libby, a non-attorney representative.
(Tr. 17). However, a transcript of the September 10, 2014,
administrative hearing reveals Plaintiff was ...