United States District Court, W.D. Arkansas, Fort Smith Division
MELISSA R. MAGLIETTE PLAINTIFF
NANCY A. BERRYHILL, Commissioner Social Security Administration DEFENDANT
MEMORANDUM OPINION 
ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE
Melissa R. Magliette, 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 February 27, 2014, alleging an inability to work since
December 9, 2012,  due to mental problems, back problems,
bilateral knee pain and high blood pressure. (Tr. 117, 253,
260). An administrative hearing was held on August 12, 2015,
at which Plaintiff appeared with counsel and testified. (Tr.
written decision dated November 25, 2015, the ALJ found that
during the relevant time period, Plaintiff had an impairment
or combination of impairments that were severe. (Tr. 16).
Specifically, the ALJ found Plaintiff had the following
severe impairments: osteoarthritis, degenerative disc disease
of the lumbar spine, hypertension, obesity, major dysfunction
of the right knee, an affective disorder, and an anxiety
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. 16). The ALJ
found Plaintiff retained the residual functional capacity
perform sedentary work as defined in 20 CFR 404.1567(a) and
416.967(a) except she can occasionally climb, balance, crawl,
kneel, stop (sic), and crouch. She must avoid work place
hazards, such an (sic) unprotected heights and moving
machinery. The claimant is further limited to simple,
routine, and repetitive tasks in a setting where personal
contact is incidental to the work performed. She can respond
to supervision, which is simple, direct, and concrete.
(Tr. 19). With the help of a vocational expert, the ALJ
determined Plaintiff could perform work as a document
preparation clerk, an ampule sealer and an ordinate checker.
then requested a review of the hearing decision by the
Appeals Council, which after reviewing additional evidence
submitted by Plaintiff, denied that request on October 18,
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. 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).
 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.
 Plaintiff, through her counsel,
amended her alleged onset date to May 1, 2014. (Tr. ...