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Colquitt v. Berryhill

United States District Court, E.D. Arkansas, Western Division

August 22, 2018

MARTY A. COLQUITT PLAINTIFF
v.
NANCY A. BERRYHILL, Deputy Commissioner for Operations, performing the duties and functions not reserved to the Commissioner of Social Security DEFENDANT

          RECOMMENDED DISPOSITION

         The following Recommended Disposition (“Recommendation”) has been sent to United States District Judge Susan Webber Wright. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objections; and (2) be received by the Clerk of this Court within fourteen (14) days of this Recommendation. By not objecting, you may waive the right to appeal questions of fact.

         I. Introduction:

         Plaintiff, Marty A. Colquitt, applied for disability benefits on October 17, 2014 and he applied for supplemental security income benefits on January 8, 2016. (Tr. at 30). In both applications, Colquitt alleged a disability onset date of April 1, 2010. Id. After conducting a hearing, the Administrative Law Judge (“ALJ”) denied his application. (Tr. at 42). The Appeals Council denied his request for review. (Tr. at 1). Thus, the ALJ's decision now stands as the final decision of the Commissioner.

         For the reasons stated below, this Court should reverse the ALJ's decision and remand for further review.

         II. The Commissioner=s Decision:

         The ALJ found that Colquitt had not engaged in substantial gainful activity since the alleged onset date of April 1, 2010. (Tr. at 32). At Step Two, the ALJ found that Colquitt has the following severe impairments: shoulder disorder and osteoarthritis. Id.

         After finding that Colquitt's impairments did not meet or equal a listed impairment (Tr. at 34), the ALJ determined that Colquitt had the residual functional capacity (“RFC”) to perform the full range of sedentary work, except that: (1) he could only occasionally climb, balance, crawl, kneel, stoop, and crouch; (2) he could only occasionally reach overhead bilaterally; and (3) he could frequently finger and handle bilaterally. Id.

         The ALJ found that, based on Colquitt's RFC, Colquitt was unable to perform any past relevant work. (Tr. at 40). However, relying upon the testimony of the Vocational Expert (“VE”) at Step Five, the ALJ found that, based on Colquitt's age, education, work experience and RFC, jobs existed in significant numbers in the national economy that he could perform, including positions as a document preparer, and addresser, and an inspector/sampler/sorter/weigher. (Tr. at 41-42). Thus, the ALJ found that Colquitt was not disabled. Id.

         III. Discussion:

         A. Standard of Review

         The Court's function on review is to determine whether the Commissioner's decision is supported by substantial evidence on the record as a whole and whether it is based on legal error. Miller v. Colvin, 784 F.3d 472, 477 (8th Cir. 2015); see also 42 U.S.C. § 405(g). While “substantial evidence” is that which a reasonable mind might accept as adequate to support a conclusion, “substantial evidence on the record as a whole” requires a court to engage in a more scrutinizing analysis:

“[O]ur review is more than an examination of the record for the existence of substantial evidence in support of the Commissioner's decision; we also take into account whatever in the record fairly detracts from that decision.” Reversal is not warranted, however, “merely because substantial evidence would have supported an opposite decision.”

Reed v. Barnhart, 399 F.3d 917, 920 (8th Cir. 2005) (citations omitted).

         It is not the task of this Court to review the evidence and make an independent decision. Neither is it to reverse the decision of the ALJ because there is evidence in the record which contradicts his findings. The test is whether there is substantial evidence in the ...


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