United States District Court, W.D. Arkansas, Texarkana Division
RANDY E. WILLIAMS PLAINTIFF
NANCY A. BERRYHILL Acting Commissioner, Social Security Administration DEFENDANT
BARRY A. BRYANT, UNITED STATES MAGISTRATE JUDGE
E. Williams (“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 his application for Supplemental
Security Income (“SSI”) under Title XVI of 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. 5. Pursuant to this authority, the Court
issues this memorandum opinion and orders the entry of a
final judgment in this matter.
protectively filed his disability application on June 16,
2014. (Tr. 26). In his application, Plaintiff alleges he is
disabled due to COPD, “hyperextended” lungs, and
joint problems. (Tr. 206). Plaintiff alleges an onset date of
November 17, 2012. (Tr. 26). This application was denied
initially and again upon reconsideration. (Tr. 109-138).
requested an administrative hearing on his denied
application. (Tr. 142-145). This hearing request was granted,
and Plaintiff's hearing was held on July 27, 2016 in
Shreveport, Louisiana. (Tr. 59-85). At this hearing,
Plaintiff was present and was represented by counsel, Greg
Giles. Id. Plaintiff and Vocational Expert
(“VE”) Mr. Wallace testified at this hearing.
this hearing, the ALJ entered an unfavorable decision denying
his disability application. (Tr. 23-36). In this decision,
the ALJ found Plaintiff had not engaged in Substantial
Gainful Activity (“SGA”) since June 16, 2014, his
application date. (Tr. 28, Finding 1). The ALJ determined
Plaintiff had the following severe impairments: peptic ulcer
disease, osteoarthritis of the knee, degenerative disc
disease of the cervical spine, and chronic obstructive
pulmonary disease (COPD). (Tr. 28-31, Finding 2). Despite
being severe, the ALJ 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. 32, Finding 3).
determined Plaintiff had at least a high school education and
was able to communicate in English. (Tr. 35, Finding 7). The
ALJ determined Plaintiff was forty-eight (48) years old,
which is defined as a “younger person” under 20
C.F.R. § 416.963(c) (2008), on the date his application
was filed. (Tr. 35, Finding 6).
decision, the ALJ evaluated Plaintiff's subjective
complaints and determined his RFC. (Tr. 32-34, Finding 4).
First, the ALJ evaluated Plaintiff' subjective complaints
and found they were not entirely credible. Id.
Second, the ALJ determined Plaintiff had the following RFC:
After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work as defined in 20
CFR 416.967(b) except can frequently, but not continuously,
reach; occasionally stoop, crouch, crawl and kneel; cannot
climb ladders, ropes or scaffolds; can occasionally climb
stairs and ramps; is unable to balance on narrow or moving
surfaces, but is able to balance occasionally on level
surfaces; can tolerate occasional exposure to dust, fumes,
gasses and other respiratory irritants and extremes in
temperature and humidity.
then evaluated Plaintiff's Past Relevant Work
(“PRW”) and determined Plaintiff was unable to
perform any of his PRW. (Tr. 34-35, Finding 5). The ALJ also
considered whether Plaintiff retained the capacity to perform
other work existing in significant numbers in the national
economy. (Tr. 35-36, Finding 9). The VE testified at the
administrative hearing regarding this issue. Id.
Based upon that testimony, the ALJ found Plaintiff retained
the capacity to perform work as a housekeeper (hotel) (light,
unskilled) with approximately 138, 070 such jobs in the
national economy; cashier II (light, unskilled) with
approximately 823, 356 such jobs in the national economy; and
cafeteria attendant (light, unskilled) with approximately 59,
640 such jobs in the national economy. Id. Because
Plaintiff retained the capacity to perform this other work,
the ALJ determined Plaintiff had not been under a disability,
as defined by the Act, from June 16, 2014 (application date)
through November 25, 2016 (ALJ's decision date). (Tr. 36,
sought review with the Appeals Council. On October 25, 2017,
the Appeals Council denied this request for review. (Tr.
6-9). On November 15, 2017, Plaintiff filed a Complaint in
this matter. ECF No. 1. Both Parties have filed appeal briefs
and have consented to the jurisdiction of this Court. ECF
Nos. 5, 12-13. This case is now ready for determination.