Harmdierks v. Social Security Administration Commissioner
Filing
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MEMORANDUM OPINION. Signed by Honorable Erin L. Wiedemann on March 28, 2018. (hnc)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DAVID JAMES HARMDIERKS
v.
PLAINTIFF
CIVIL NO. 2:16-CV-02239
NANCY A. BERRYHILL,1 Acting Commissioner
Social Security Administration
DEFENDANT
MEMORANDUM OPINION
Plaintiff, David James Harmdierks, 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 filed his application for DIB and protectively filed his application for SSI on
June 12, 2013. Plaintiff alleged an inability to work since October 1, 2012, due to epilepsy,
heart murmur, bad back, and neck problems. (Tr. 51, 195). An administrative hearing was held
on April 16, 2014, at which Plaintiff and a vocational expert testified. (Tr. 26-50).
By written decision dated August 4, 2015, the ALJ found that during the relevant time
period, Plaintiff had severe impairments of lumbar and cervical radiculitis and degenerative
disc disease. (Tr. 13). 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
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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.
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the Listing of Impairments found in Appendix I, Subpart P, Regulation No. 4. (Tr. 14). The
ALJ found Plaintiff retained the residual functional capacity (RFC) to perform the full range
of light work as defined in 20 CFR 404.1567(b) and 416.967(b). (Tr. 14, 18). With the help
of a vocational expert, the ALJ determined that Plaintiff was capable of performing past
relevant work as an auto salesperson and that this past relevant work did not require the
performance of work-related activities precluded by the claimant’s residual functional
capacity. (Tr. 18).
Plaintiff then requested a review of the hearing decision by the Appeals Council, which
denied that request on August 5, 2016. (Tr. 1-3). 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. 11, 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
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).
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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 28th day of March, 2018.
/s/
Erin L. Wiedemann
HON. ERIN L. WIEDEMANN
UNITED STATES MAGISTRATE JUDGE
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