Bartle v. Social Security Administration Commissioner, No. 5:2017cv05168 - Document 14 (W.D. Ark. 2018)
Court Description: MEMORANDUM OPINION. Signed by Honorable Erin L. Wiedemann on September 7, 2018. (src)
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Bartle v. Social Security Administration Commissioner Doc. 14 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DONNA J. BARTLE PLAINTIFF v. CIVIL NO. 17-5168 NANCY A. BERRYHILL, Commissioner Social Security Administration DEFENDANT MEMORANDUM OPINION Plaintiff, Donna J. Bartle, 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) under the provisions of Title II 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 DIB on September 1, 2015, alleging an inability to work since July 20, 2015, due to a neck injury, a concussion, dizziness, confusion, shoulder pain/injury pain down right arm, back pain/injury and depression. (Tr.101, 193). An administrative hearing was held on July 26, 2016, at which Plaintiff appeared with counsel and testified. (Tr. 77-99). By written decision dated August 19, 2016, the ALJ found that during the relevant time period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 52). Specifically, the ALJ found Plaintiff had the following severe impairments: cervical disc disease; a neck, shoulder and back injury; headaches; and depression. However, after 1 Dockets.Justia.com 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. 52). The ALJ found Plaintiff retained the residual functional capacity (RFC) to: perform light work as defined in 20 CFR 404.1567(b) except the claimant can stand and/or walk six hours in an eight hour workday with normal breaks; can sit six hours in an eight hour workday with normal breaks; can push and/or pull subject to lift and carry limitations; can occasionally reach overhead on the right; can occasionally handle and finger on the right; and is able to perform work where interpersonal contact is routine and superficial, complexity of tasks is learned by experience with several variables and judgment within limits, and supervision required is limited for routine and detailed for non-routine. (Tr. 55). With the help of a vocational expert, the ALJ determined Plaintiff could perform her past relevant work as an IT salesperson, a material planner and an inventory clerk/audit clerk. (Tr. 58). The ALJ further found Plaintiff could perform other work as a cashier, a price marker, and a mailroom clerk. (Tr. 60). Plaintiff then requested a review of the hearing decision by the Appeals Council, which after reviewing additional evidence submitted by Plaintiff denied that request on June 29, 2017. (Tr. 1-7). Subsequently, Plaintiff filed this action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties. (Doc. 6). Both parties have filed appeal briefs, and the case is now ready for decision. (Docs. 12, 13). 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 2 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). DATED this 7th day of September 2018. /s/ Erin L. Wiedemann HON. ERIN L. WIEDEMANN UNITED STATES MAGISTRATE JUDGE 3
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