United States District Court, E.D. Arkansas, Northern Division
RAY MAGISTRATE JUDGE.
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Judge James M. Moody, Jr. 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.
Brenda Drew (“Drew”), applied for disability
benefits on August 2, 2015, alleging disability beginning on
July 17, 2015. (Tr. at 12). After conducting a hearing, the
Administrative Law Judge (“ALJ”) denied her
application. (Tr. at 22). The Appeals Council denied her
request for review. (Tr. at 1). Thus, the ALJ's decision
now stands as the final decision of the Commissioner.
reasons stated below, the Commissioner's decision should
The Commissioner's Decision:
found that Drew had not engaged in substantial gainful
activity since the alleged onset date of July 17, 2015. (Tr.
at 14). At Step Two, the ALJ found that Drew has the
following severe impairments: left shoulder adhesive
capsulitis, migraine headaches, and anxiety disorder.
finding that Drew's impairments did not meet or equal a
listed impairment (Tr. at 15), the ALJ determined that Drew
had the residual functional capacity (“RFC”) to
perform the full range of light work, except that: (1) she
cannot perform any overhead reaching duties with the left
upper extremity; (2) she is limited to work where
interpersonal contact is routine but superficial and
complexity of tasks is learned by experience with several
variables and judgment within limits; and (3) she requires
little supervision for routine, work-related tasks, and
detailed supervision for non-routine work-related tasks. (Tr.
found that, based on his RFC, Drew was able to perform past
relevant work as payroll clerk and invoice clerk. (Tr. at
22). Thus, the ALJ found that Drew was not disabled.
Standard of Review
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
“[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,