United States District Court, E.D. Missouri, Northern Division
MEMORANDUM AND ORDER
NANNETTE A. BAKER UNITED STATES MAGISTRATE JUDGE
matter is before the Court on Stephany David's (David)
appeal regarding the denial of her application for
supplemental security income under the Social Security Act.
The Court has jurisdiction over the subject matter of this
action under 42 U.S.C. § 405(g). David alleged
disability due to bipolar disorder and attention deficit
hyperactivity disorder (ADHD). (Tr. 144.) The parties have
consented to the exercise of authority by the undersigned
United States Magistrate Judge pursuant to 28 U.S.C. §
636(c). [Doc. 10.] For the reasons set forth below, the Court
will reverse and remand the Commissioner's final
Issues for Review
presents two issues for review. First, she contends that the
administrative law judge (ALJ) failed to properly weight the
opinion of her psychiatric mental health nurse practitioner,
Catherine Browning. Second, David asserts that the ALJ
improperly analyzed her credibility. The Commissioner asserts
that the ALJ's decision is supported by substantial
evidence in the record as a whole and should be affirmed.
Standard of Review
Social Security Act defines disability as an “inability
to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment
which can be expected to result in death or has lasted or can
be expected to last for a continuous period of not less than
12 months.” 42 U.S.C. § 416(i)(1)(A).
standard of review is narrow. Pearsall v. Massanari,
274 F.3d 1211, 1217 (8th Cir. 2001). This Court reviews
decisions of the ALJ to determine whether the decision is
supported by substantial evidence in the record as a whole.
42 U.S.C. § 405(g). Substantial evidence is less than a
preponderance, but enough that a reasonable mind would find
adequate support for the ALJ's decision. Smith v.
Shalala, 31 F.3d 715, 717 (8th Cir. 1994). The court
determines whether evidence is substantial by considering
evidence that detracts from the Commissioner's decision
as well as evidence that supports it. Cox v.
Barnhart, 471 F.3d 902, 906 (8th Cir. 2006). The Court
may not reverse just because substantial evidence exists that
would support a contrary outcome or because the Court would
have decided the case differently. Id. If, after
reviewing the record as a whole, the Court finds it possible
to draw two inconsistent positions from the evidence and one
of those positions represents the Commissioner's finding,
the Commissioner's decision must be affirmed.
Masterson v. Barnhart, 363 F.3d 731, 736 (8th Cir.
2004). To determine whether the ALJ's final decision is
supported by substantial evidence, the Court is required to
review the administrative record as a whole to consider:
(1) The findings of credibility made by the ALJ;
(2) The education, background, work history, and age of the
(3) The medical evidence given by the claimant's treating
(4) The subjective complaints of pain and description of the
claimant's physical activity and impairment;
(5) The corroboration by third parties of the claimant's
(6) The testimony of vocational experts based upon prior
hypothetical questions which fairly set forth the