United States District Court, W.D. Arkansas, Fayetteville Division
ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE
Phillip Upchurch, 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 his 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 his current application for SSI on August
29, 2013, alleging an inability to work due to Hepatitis C, a
pinched nerve in the neck, gunshot wounds, and left arm
wounds. (Tr. 30, 75, 156). An administrative video hearing
was held on January 22, 2015, at which Plaintiff appeared
with counsel and testified (Tr. 25-50).
written decision dated April 24, 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: degenerative disc disease at ¶ 4-5,
L5-S1, C6-7; cervical dystonia; Hepatitis C; Bell's
palsy; and depression. 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. 14). The ALJ
found Plaintiff retained the residual functional capacity
perform the full range of light work as defined in 20 CFR
416.967(b) except he needs a job involving simple tasks and
(Tr. 16). With the help of a vocational expert, the ALJ
determined Plaintiff could perform work as a counter clerk, a
dealer account investigator, and a merchandise marker. (Tr.
then requested a review of the hearing decision by the
Appeals Council, which after reviewing additional evidence
submitted by Plaintiff, denied that request on August 2,
2016. (Tr. 1-6). 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 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 his disability
by establishing a physical or mental disability that has
lasted at least one year and that prevents him 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). 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). A Plaintiff must show that his disability, not
simply his impairment, has lasted for at least twelve
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 his 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 his 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 his residual functional capacity.
See McCoy v. Schweiker, 683 F.2d 1138, 1141-42 (8th
Cir. 1982), abrogated on other grounds by Higgins v.
Apfel, 222 F.3d 504, 505 (8th Cir. 2000); 20 C.F.R.