Mark Liner v. Carolyn Colvin


PER CURIAM OPINION FILED - THE COURT: William Jay Riley, James B. Loken and Duane Benton (PUBLISHED) [4374639] [15-2551]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2551 ___________________________ Mark Liner lllllllllllllllllllll Plaintiff - Appellant v. Carolyn W. Colvin, Acting Commissioner of Social Security lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - El Dorado ____________ Submitted: February 10, 2016 Filed: March 7, 2016 [Published] ____________ Before RILEY, Chief Judge, LOKEN and BENTON, Circuit Judges. ____________ PER CURIAM. Mark Liner applied for disability benefits, complaining of right-shoulder and arm pain. The ALJ found he lacked credibility and denied his application. The Appellate Case: 15-2551 Page: 1 Date Filed: 03/07/2016 Entry ID: 4374639 Appeals Council denied Liner’s request for review. The district court1 affirmed. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Reviewed de novo, the agency’s decision is affirmed if supported by substantial evidence. See Pelkey v. Barnhart, 433 F.3d 575, 577 (8th Cir. 2006). The ALJ concluded Liner has the Residual Functional Capacity (RFC) to perform sedentary work, which “involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools.” 20 C.F.R. § 404.1567(a). The ALJ further limited Liner to work involving no overhead reaching with his right arm. Liner argues this did not account fully for his right-shoulder impairment. The RFC is the most a claimant can do despite limitations. 20 C.F.R. § 404.1545(a). The ALJ considers all relevant evidence, but the final determination must be supported by some medical evidence. See Wildman v. Astrue, 596 F.3d 959, 969 (8th Cir. 2010). Liner had right-shoulder surgery in 1990. In 2012, he saw Dr. Jerry Grant for shoulder pain, who found Liner had no right grip strength and a 0-90 degree range of motion. An agency-ordered consultative examination showed “[s]uspect mild degenerative changes” and limited range of motion in the right shoulder, but no muscle atrophy or sensory abnormalities. The examination also showed normal coordination, normal limb function, and normal grip strength. This medical evidence supports the RFC. ******* The judgment is affirmed. ______________________________ 1 The Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas, sitting by consent of the parties pursuant to 28 U.S.C. § 636(c). -2Appellate Case: 15-2551 Page: 2 Date Filed: 03/07/2016 Entry ID: 4374639

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