Opinion

Spanjer v. Social Security Administration Commissioner

Court
District Court, W.D. Arkansas
Filed
Sep 11, 2019
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION

HOLLY M. SPANJER PLAINTIFF

v. CIVIL NO. 5:18-CV-5077

ANDREW M. SAUL, 1 Commissioner,

Social Security Administration DEFENDANT

MEMORANDUM OPINION

Plaintiff, Holly M. Spanjer, 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 claim for supplemental security income (SSI) under the

provisions of Title 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 her current application for SSI on July 20, 2015, alleging an

inability to work since February 28, 2015, due to various health conditions, including issues

with her back, blood pressure, cholesterol, and asthma. (Tr. 70, 81). An administrative hearing

was held on December 14, 2016, at which Plaintiff appeared and testified. (Tr. 42-68). Dr.

Tanya Owen, Vocational Expert (VE), also testified. (Tr. 61-68).

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 Rules of Civil Procedure.

By written decision dated September 28, 2017, the ALJ found that during the relevant

time period, Plaintiff had severe impairments of degenerative disc disease of the lumbar spine,

asthma, and obesity. (Tr. 13). 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. 13). The ALJ found that Plaintiff retained the residual functional capacity (RFC)

to perform sedentary work as defined in 20 CFR 416.967(a), with exceptions for standing and

walking two hours of an eight hour workday with normal breaks; sitting six hours of an eight

hour workday with normal breaks; with the ability to push and pull as much as she could lift

and carry; occasional climbing of ramps and stairs but no climbing of ladders, ropes or

scaffolds; occasional stooping, balancing, kneeling, crawling and crouching; no work

environment with even moderate exposure to fumes, odors, dust, gases and poorly ventilated

areas; and the use of a hand held assistive device at all times. (Tr. 13-17). With the help of a

vocational expert (VE), the ALJ determined that while Plaintiff was unable to perform any past

relevant work, there were jobs that existed in significant numbers in the economy that Plaintiff

could perform, such as a document preparer, an information clerk, and a circuit board

assembler. (Tr. 19). Therefore, the ALJ concluded that the Plaintiff had not been under a

disability, as defined in the Social Security Act, from July 20, 2015, through the date of the

decision. (Tr. 19).

Plaintiff then requested a review of the hearing decision by the Appeals Council, and

that request was denied on November 17, 2017. (Tr. 1-6). Subsequently, Plaintiff filed this

action. (Doc. 1). This case is before the undersigned pursuant to the consent of the parties.

(Doc. 7). 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 11th day of September, 2019.

/s/ Erin L. Wiedemann

HON. ERIN L. WIEDEMANN

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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