United States District Court, W.D. Arkansas, Fayetteville Division
MEMORANDUM OPINION
HON.
ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE.
Plaintiff,
Mary Celeste Brown-Jenkins, 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 supplemental security
income (SSI) under the provisions of Title 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. § 405(g).
Plaintiff
protectively filed her current application for SSI on
November 20, 2014, alleging an inability to work since July
4, 2013, [2] due to Crohn's disease, hiatal hernia,
psoriasis, and arthritis. (Tr. 52, 63). An administrative
hearing was held on October 28, 2015, at which Plaintiff and
a vocational expert testified. (Tr. 31-50).
By
written decision dated August 18, 2016, the ALJ found that
during the relevant time period, Plaintiff had severe
impairments of short bowel syndrome, fibromyalgia, irritable
bowel syndrome, osteoporosis, and Crohn's disease. (Tr.
17). However, after reviewing all of the evidence presented,
the ALJ determined that Plaintiff's impairment 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. 18). The ALJ found that Plaintiff
retained the residual functional capacity (RFC) to perform
medium work as defined in 20 CFR 404.1567(c), except that she
could only frequently handle and finger on the left. (Tr.
19-22). With the help of a vocational expert (VE), the ALJ
determined that Plaintiff was able to perform her past
relevant work as an office clerk, a parts salesperson, and a
correctional officer. (Tr. 22). Therefore, the ALJ concluded
that the Plaintiff had not been under a disability, as
defined in the Social Security Act, from November 20, 2014,
through the date of the decision. (Tr. 23).
Plaintiff
then requested a review of the hearing decision by the
Appeals Council, and the request was denied on August 16,
2017. (Tr. 1-6). Subsequently, Plaintiff filed this action.
(Doc. 1). This case is before the undersigned pursuant to the
consent of the parties. (Doc. 7). Both parties have filed
appeal briefs, and the case is now ready for decision. (Docs.
14, 15).
This
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
Cir. 2000).
The
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).
IT IS
SO ORDERED AND ADJUDGED
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Notes:
[1] 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.
[2] At the October 28, 2015, hearing
before the ALJ, Plaintiff amended her alleged onset date from
June 21, 2013, to ...