United States District Court, W.D. Arkansas, Harrison Division
MEMORANDUM OPINION
HON.
ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE
Plaintiff,
Jacob Raeber, 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 his claims for a period of disability
and disability insurance benefits (DIB) and supplemental
security income (SSI) benefits under the provisions of Titles
II and 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 his current applications for DIB and SSI
on May 24, 2016, alleging an inability to work since May 4,
2016, due to bilateral leg problems due to tractor accident,
left rotator cuff problems, deep vein thrombosis,
osteoarthritis left knee, depression, acute pleurisy,
ganglion cysts, morbid obesity, hypertension, anxiety, hiatal
hernia, pedal edema, attention deficit disorder, chronic
rhinitis, sinusitis and acid reflux. (Tr. 64-65, 227, 234).
For DIB purposes, Plaintiff maintained insured status through
December 31, 2017. (Tr. 240). An administrative hearing was
held on November 16, 2017, at which Plaintiff appeared with
counsel and testified. (Tr. 27-61).
By
written decision dated March 14, 2018, the ALJ found that
during the relevant time period, Plaintiff had an impairment
or combination of impairments that were severe. (Tr. 13).
Specifically, the ALJ found Plaintiff had the following
severe impairments: a disorder of the knee, a disorder of the
shoulder and osteoarthritis. However, after reviewing all of
the evidence presented, the ALJ determined that
Plaintiff's impairments 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. 13). The ALJ found Plaintiff retained the residual
functional capacity (RFC) to:
perform sedentary work as defined in 20 CFR 404.1567(a) and
416.967(a) except the claimant is able to occasionally climb,
balance, crawl, kneel, stoop, crouch, and work overhead with
his bilateral extremities. He is able to frequently reach in
all directions. He is limited to simple, routine, and
repetitive tasks in a setting where interpersonal contact is
incidental to the work performed. He can respond to
supervision that is simple, direct, and concrete.
(Tr. 14-15). With the help of a vocational expert, the ALJ
determined Plaintiff could perform work as a document
preparer, an addresser, and a table worker/inspector. (Tr.
20).
Plaintiff
then requested a review of the hearing decision by the
Appeals Council, which denied that request on April 5, 2018.
(Tr. 1-6). Subsequently, Plaintiff filed this action. (Doc.
1). This case is before the undersigned pursuant to the
consent of the parties. (Doc. 8). Both parties have filed
appeal briefs, and the case is now ready for decision. (Docs.
13, 14).
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).
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Notes:
[1] Andrew M. Saul, has been appointed to
serve as Commissioner of Social Security, and is substituted
as Defendant, pursuant to Rule 25(d)(1) of the Federal ...