The opinion
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DAMION J. MCBRIDE PLAINTIFF
v. CIVIL NO. 16-3094
NANCY A. BERRYHILL,1 Commissioner
Social Security Administration DEFENDANT
MEMORANDUM OPINION
Plaintiff, Damion J. McBride, 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 November 21,
2013, alleging an inability to work since January 1, 2011, due to bipolar disorder, ADD
(attention deficit disorder), depression, and PTSD (post-traumatic stress disorder). (Tr. 54,
164, 168). For DIB purposes, Plaintiff maintained insured status through March 31, 2012. (Tr.
10, 181). An administrative hearing was held on May 19, 2015, at which Plaintiff appeared
with counsel and testified. (Tr. 28-51).
1 Nancy A. Berryhill, has been appointed to serve as acting Commissioner of Social Security, and is substituted as
Defendant, pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure.
By written decision dated June 30, 2015, the ALJ found that during the relevant time
period, Plaintiff had an impairment or combination of impairments that were severe. (Tr. 12).
Specifically, the ALJ found Plaintiff had the following severe impairments: a personality
disorder, an affective disorder, an anxiety disorder and a substance abuse disorder. 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 a full range of work at all exertional levels but with the following
nonexertional limitations: can perform simple, routine, repetitive tasks, in a
setting where interpersonal contact is incidental to the work performed; and can
respond to supervision that is simple direct and concrete.
(Tr. 14). With the help of a vocational expert, the ALJ determined Plaintiff could perform work
as a hand packager, a warehouse worker, and a printer circuit board assembler. (Tr. 22-23).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which
denied that request on July 12, 2016. (Tr. 1-4). 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. 14, 15).
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).
IT IS SO ORDERED AND ADJUDGED this 7th day of December 2017.
/s/ Erin L. Wiedemann
HON. ERIN L. WIEDEMANN
UNITED STATES MAGISTRATE JUDGE