Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Edwards v. Berryhill

United States District Court, W.D. Arkansas, Hot Springs Division

June 29, 2018

MELANIE EDWARDS PLAINTIFF
v.
NANCY A. BERRYHILL Acting Commissioner, Social Security Administration DEFENDANT

          MEMORANDUM OPINION

          HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE.

         Melanie Edwards (“Plaintiff”) brings this action pursuant to § 205(g) of Title II of the Social Security Act (“The Act”), 42 U.S.C. § 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration (“SSA”) denying her applications for Disability Insurance Benefits (“DIB”), Supplemental Security Income (“SSI”), and a period of disability under Titles II and XVI of the Act.

         The Parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 7.[1] Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this matter.

         1. Background:

         Plaintiff protectively filed her disability applications on January 26, 2015. (Tr. 104). In these applications, Plaintiff alleges she was disabled due to degenerative disc disease, fibromyalgia, spine and back problems, rheumatoid arthritis, metabolic issues, anxiety, panic attacks, and “gi issues.” (Tr. 401). Plaintiff alleges an onset date of May 1, 2009. (Tr. 104). These applications were denied initially and again upon reconsideration. (Tr. 247-290).

         Thereafter, Plaintiff requested an administrative hearing on her applications, and this hearing request was granted. (Tr. 213-246, 318). Plaintiff's administrative hearing was held on May 26, 2016 in Hot Springs, Arkansas. (Tr. 213-246). At this hearing, Plaintiff was present and was represented by counsel, Stephanie Spanhel. Id. Plaintiff and Vocational Expert (“VE”) Diane Smith testified at this hearing. Id.

         Thereafter, on August 19, 2016, the ALJ entered a fully unfavorable decision on Plaintiff's disability applications. (Tr. 101-121). In this decision, the ALJ found Plaintiff met the insured status requirements of the Act through September 20, 2011. (Tr. 106, Finding 1). The ALJ found Plaintiff had not engaged in Substantial Gainful Activity (“SGA”) since May 1, 2009, her alleged onset date. (Tr. 106, Finding 2). The ALJ determined Plaintiff had the following severe impairments:

The claimant has the following severe impairments: lumbar spondylosis/osteoarthritis, recurrent abdominal conditions including ulcerative esophagitis, gastritis, dysphagia, and metabolic acidosis, fibromyalgia, bilateral hand numbness/tingling with weakness, migraine headaches, major depressive disorder, generalized anxiety disorder, panic disorder, and post traumatic stress disorder (PTSD) (20 CFR 404.1520(c) and 416.920(c)).

         (Tr. 106-107, Finding 3). The ALJ, however, also determined Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. 107-108, Finding 4).

         In this decision, the ALJ evaluated Plaintiff's subjective complaints and determined her RFC. (Tr. 108-119, Finding 5). First, the ALJ evaluated Plaintiff's subjective complaints and determined they were not entirely credible. Id. Second, the ALJ determined Plaintiff retained the RFC for the following:

After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a) except she can only occasionally reach overhead. She can occasionally handle, finger, and feel bilaterally.
In addition, she can over climb ladders, ropes or scaffolds and can only occasionally climb ramps and stairs, balance, stoop, kneel, crouch, and crawl. The work must not expose the claimant to unprotected heights or moving mechanical parts. The claimant may use a cane to ambulate. Additionally, the work must be limited to semi-skilled work, defined as work where interpersonal contact is routine but superficial, the complexity of tasks is learned by experience, involves several variables, uses judgment within limits, and the supervision required is little for routine but detained for non-routine tasks.

Id.

         The ALJ determined Plaintiff was thirty-four (34) years old on her alleged disability onset date. (Tr. 119, Finding 7). Such an individual is characterized as a “younger individual” under 20 C.F.R. § 404.1563(c) (2008). Id. The ALJ also determined Plaintiff had at least a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.