United States District Court, W.D. Arkansas, Texarkana Division
BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE.
Cressell (“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 her applications for a period of
disability and Disability Insurance Benefits
(“DIB”) under Title II of the Act.
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 her disability application on June 17,
2015. (Tr. 50). In this application, Plaintiff alleges being
disabled due to heart disease, rheumatoid arthritis in her
left knee, high blood pressure, high cholesterol, chronic
back pain, and carpal tunnel syndrome in both hands. (Tr.
231). Plaintiff alleges an onset date of June 1, 2009 but
later amended that alleged onset date to June 20, 2016. (Tr.
50). This application was denied initially and again upon
reconsideration. (Tr. 103-131).
Plaintiff's application was denied, Plaintiff requested
an administrative hearing on this application, and this
hearing request was granted. (Tr. 68-102). On August 21,
2017, the SSA held an administrative hearing in Shreveport,
Louisiana. (Tr. 68-102). At this hearing, Plaintiff was
present and was represented by Imogene MacDonald.
Id. Plaintiff and Vocational Expert
(“VE”) Ivory Youngblood testified at this
25, 2018, after the administrative hearing, the ALJ entered a
fully unfavorable decision denying Plaintiff's
application. (Tr. 47-67). The ALJ found Plaintiff met the
insured status requirements of the Act through December 31,
2018. (Tr. 52, Finding 1). The ALJ found Plaintiff had not
engaged in Substantial Gainful Activity (“SGA”)
since June 20, 2016, her amended alleged onset date. (Tr. 53,
Finding 2). The ALJ found Plaintiff had the following severe
impairments: degenerative disc disease (DDD) of the cervical
and lumbar spines, fibromyalgia, status post ST-elevation
myocardial infarction (STEMI), hypertension, bilateral carpal
tunnel syndrome status post right carpal tunnel release and
atypical chest pain. (Tr. 53-54, Finding 3). 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. 54, Finding 4).
decision, the ALJ evaluated Plaintiff's subjective
complaints and determined her Residual Functional Capacity
(“RFC”). (Tr. 25-32, Finding 5). Specifically,
the ALJ found Plaintiff retained 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 404.1567(b) except she can occasionally climb ramps and
stairs; cannot climb ladders, ropes or scaffolds; can
occasionally balance, kneel, stoop, crouch and crawl; can
occasionally reach overhead and can, otherwise, frequently
reach, handle and finger.
evaluated her Past Relevant Work (“PRW”). (Tr.
58-59, Finding 6). The VE testified at the administrative
hearing regarding this issue. Id. Based upon that
testimony, the ALJ determined Plaintiff retained the capacity
to perform her PRW as a housekeeper/cleaner (light,
also determined Plaintiff retained the capacity to perform
other occupations in significant numbers in the national
economy, including the following: (1) short order cook
(light, semi-skilled) with approximately 112, 786 such jobs
nationally; (2) counter clerk (light, unskilled) with
approximately 255, 787 such jobs nationally; (3) usher
(light, unskilled) with approximately 33, 961 such jobs
nationally; and (4) house sitter (light, unskilled) with
approximately 28, 350 such jobs nationally. (Tr. 59).
Plaintiff retained the capacity to perform her PRW and could
perform this other work, the ALJ determined Plaintiff had not
been under a disability, as defined by the Act, from June 20,
2016 through the date of his decision on May 31, 2018. (Tr.
59, Finding 7).
requested the Appeals Council's review of the ALJ
unfavorable disability determination. On November 17, 2018,
the Appeals Council declined to review the ALJ's
disability determination. (Tr. 1-7). On December 10, 2018,
Plaintiff filed the present appeal. ECF No. 1. The Parties
consented to the ...