United States District Court, W.D. Arkansas, Fayetteville Division
ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE
Honey Gantt, 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 claims for a period of disability
and disability insurance benefits (DIB) and supplemental
security income (SSI) 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. §
protectively filed her current applications for DIB and SSI
on October 18, 2015, alleging an inability to work since
August 18, 2014, due to back problems, achondroplasia
dwarfism, neck problems, limb numbness, sleep apnea,
arthritis, knee pain, joint pain, restless legs, and severe
headaches. (Tr. 223, 231, 241, 250). For DIB purposes,
Plaintiff maintained insured status through December 31,
2019. (Tr. 223, 231, 241, 250). An administrative hearing was
held on November 17, 2016, at which Plaintiff and a
vocational expert testified. (Tr. 191-220).
written decision dated April 20, 2017, the ALJ found that
during the relevant time period, Plaintiff had severe
impairments of congenital dwarfism; degenerative disc disease
from T12-S1 status post decompressive laminectomy; and
osteoarthritis of the cervical spine and thoracic spine. (Tr.
23). 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. 24). The ALJ found that Plaintiff
retained the residual functional capacity (RFC) to perform
sedentary work as defined in 20 CFR §§ 404.1567(a)
and 416.967(a), except that she can only occasionally perform
overhead reaching and can only occasionally bend, stoop,
and/or squat. (Tr. 24). With the help of a vocational expert
(VE), the ALJ determined that Plaintiff was capable of
performing her past relevant work as a telemarketer as that
job was actually and generally performed. (Tr. 28). The ALJ
concluded that the Plaintiff had not been under a disability,
as defined in the Social Security Act, from August 18, 2014,
the alleged onset date, through the date of the decision.
then requested a review of the hearing decision by the
Appeals Council, but the request was denied on February 9,
2018. (Tr. 1-7). Subsequently, Plaintiff filed this action.
(Doc. 1). This case is before the undersigned pursuant to the
consent of the parties. (Doc. 5). Both parties have filed
appeal briefs, and the case is now ready for decision. (Docs.
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
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).
SO ORDERED AND ADJUDGED.
 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 ...