United States District Court, W.D. Arkansas, Fort Smith Division
REBECCA A. GLENN, PLAINTIFF
NANCY A. BERRYHILL,  Acting Commissioner, Social Security Administration, DEFENDANT
L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE.
Rebecca A. Glenn, 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 claim 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 current application for DIB on
November 21, 2013, alleging an inability to work since June
1, 2013, due to “osteoarthritis epicondylitis lumbar
bulging disc, osteoarthritis, bulging lumbar disc with
stenosis, lumbar facet arthropathy, lumbar degenerative disc
disease, medial and lateral torn meniscus med right knee,
chondromalacia right knee, post ACL and meniscus tears left
knee, disruptive ligament left ankle, epicondylitis, high
cholesterol, and high blood pressure.” (Tr. 65, 66, 75,
76). For DIB purposes, Plaintiff maintained insured status
through December 31, 2017. (Tr. 57, 67, 77, 89). An
administrative hearing was held on January 27, 2015, at which
Plaintiff and a vocational expert testified. (Tr. 42-63).
written decision dated November 17, 2015, the ALJ found that
during the relevant time period, Plaintiff had severe
impairments of Musculoskeletal Disorders (back disorder,
lumbar degenerative disc disease), (osteoarthritis and allied
disorders, knees, elbows, hands), (other and unspecified
arthropathies, knees), and (disorders of muscle ligament, and
fascia, fibromyalgia); a Neurological Disorder (carpel tunnel
syndrome); and a Special/Other Disorder (obesity). (Tr. 26).
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. 27-28). The ALJ found that Plaintiff
retained the residual functional capacity (RFC) to perform
light work as defined in 20 CFR 404.1567(b), except that:
claimant can frequently lift and/or carry ten pounds and
occasionally twenty pounds, push and/or pull within the
limits of lifting and carrying, sit for a total of six hours
in an eight hour workday, and stand and/or walk for a total
of six hours in an eight hour workday. The claimant can
occasionally climb ramps, stairs, ladders, ropes, and
scaffolds. The claimant can occasionally balance, stoop,
kneel, crouch, and crawl. The claimant can frequently handle
and finger bilaterally. The claimant can frequently operate
foot controls bilaterally.
28). With the help of a vocational expert (VE), the ALJ
determined that Plaintiff was able to perform her past
relevant work as a staff accountant and a bookkeeper. (Tr.
32). Thus, ALJ concluded that Plaintiff was not disabled
during the relevant time period of June 1, 2013, the alleged
onset date, through November 20, 2015, the date of the
ALJ's decision. (Tr. 32).
then requested a review of the hearing decision by the
Appeals Council, which denied that request on October 7,
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).
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