United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
C. COLLINS UNITED STATES MAGISTRATE JUDGE
an action under Title 42 U.S.C. § 405(g) for judicial
review of the final decision of the Commissioner denying the
application of Nanette Steibel (“Plaintiff”) for
Supplemental Security Income (“SSI”) under Title
XVI of the Social Security Act, 42 U.S.C. §§ 1381,
et seq. Plaintiff has filed a brief in support of
the Complaint (Doc. 18), and Defendant has filed a brief in
support of the Answer (Doc. 21). The parties have consented
to the jurisdiction of the undersigned United States
Magistrate Judge pursuant to Title 28 U.S.C. § 636(c)
filed her application for SSI on October 1, 2013 (Tr.
130-47). Plaintiff was initially denied on November 15, 2013,
and she filed a Request for Hearing before an Administrative
Law Judge (“ALJ”) (Tr. 76-85). After a hearing,
by decision dated August 27, 2015, the ALJ found Plaintiff
not disabled (Tr. 7-25). On August 9, 2016, the Appeals
Council issued a decision denying Plaintiff's request for
review (Tr. 1-4). As such, the ALJ's decision stands as
the final decision of the Commissioner.
DECISION OF THE ALJ
determined that Plaintiff has not engaged in substantial
gainful activity since September 23, 2013 (Tr. 12). The ALJ
found that the Plaintiff has the following severe
impairments: lumbar degenerative disc disease and obesity but
that no impairment or combination of impairments met or
medically equaled the severity of one of the listed
impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (Tr.
considering the entire record, the ALJ determined Plaintiff
has the residual functional capacity (“RFC”) to
perform a range of light work except that she cannot climb
ladders, ropes or scaffolds, but can occasionally climb
stairs and ramps (Tr. 17). She can occasionally stoop, kneel,
crouch and crawl (Id.). She cannot operate foot
controls (Id.). She cannot engage in work that
involves exposure to hazards, such as unprotected heights or
moving and dangerous machinery (Id.). The ALJ found
Plaintiff is unable to perform any past relevant work but
that there are jobs that exist in significant numbers in the
national economy that Plaintiff can perform, including
injection molder, extrusion press operator, and assembler of
electrical accessories outside the lighting industry (Tr.
21-22). Thus, the ALJ concluded that a finding of “not
disabled” was appropriate (Tr. 22). Plaintiff appeals,
arguing a lack of substantial evidence to support the
the Social Security Act, the Commissioner has established a
five-step process for determining whether a person is
disabled. 20 C.F.R. §§ 416.920, 404.1529.
“‘If a claimant fails to meet the criteria at any
step in the evaluation of disability, the process ends and
the claimant is determined to be not disabled.'”
Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir. 2005)
(quoting Eichelberger v. Barnhart, 390 F.3d 584,
590-91 (8th Cir. 2004)). In this sequential analysis, the
claimant first cannot be engaged in “substantial
gainful activity” to qualify for disability benefits.
20 C.F.R. §§ 416.920(b), 404.1520(b). Second, the
claimant must have a severe impairment. 20 C.F.R.
§§ 416.920(c), 404.1520(c). The Social Security Act
defines “severe impairment” as “any
impairment or combination of impairments which significantly
limits [claimant's] physical or mental ability to do
basic work activities. . . .” Id.
“‘The sequential evaluation process may be
terminated at step two only when the claimant's
impairment or combination of impairments would have no more
than a minimal impact on [his or] her ability to
work.'” Page v. Astrue, 484 F.3d 1040,
1043 (8th Cir. 2007) (quoting Caviness v. Massanari,
250 F.3d 603, 605 (8th Cir. 2001), citing Nguyen v.
Chater, 75 F.3d 429, 430-31 (8th Cir. 1996)).
the ALJ must determine whether the claimant has an impairment
which meets or equals one of the impairments listed in the
Regulations. 20 C.F.R. §§ 416.920(d), 404.1520(d).
If the claimant has one of, or the medical equivalent of,
these impairments, then the claimant is per se disabled
without consideration of the claimant's age, education,
or work history. Id.
the impairment must prevent the claimant from doing past
relevant work. 20 C.F.R. §§ 416.920(f),
404.1520(f). The burden rests with the claimant at this
fourth step to establish his or her RFC. Steed v.
Astrue, 524 F.3d 872, 874 n.3 (8th Cir. 2008)
(“Through step four of this analysis, the claimant has
the burden of showing that she is disabled.”). The ALJ
will review a claimant's RFC and the physical and mental
demands of the work the claimant has done in the past. 20
C.F.R. § 404.1520(f).
the severe impairment must prevent the claimant from doing
any other work. 20 C.F.R. §§ 416.920(g),
404.1520(g). At this fifth step of the sequential analysis,
the Commissioner has the burden of production to show
evidence of other jobs in the national economy that can be
performed by a person with the claimant's RFC.
Steed, 524 F.3d at 874 n.3. If the claimant meets
these standards, the ALJ will find the claimant to be
disabled. “The ultimate burden of persuasion to prove
disability, however, remains with the claimant.”
Young v. Apfel, 221 F.3d 1065, 1069 n.5 (8th Cir.
2000). See also Harris v. Barnhart, 356 F.3d 926,
931 n.2 (8th Cir. 2004) (citing 68 Fed. Reg. 51153, 51155
(Aug. 26, 2003)); Stormo v. Barnhart, 377 F.3d 801,
806 (8th Cir. 2004) (“The burden of persuasion to prove
disability and to demonstrate RFC remains on the claimant,
even when the burden of production shifts to the Commissioner
at step five.”). Even if a court finds that there is a
preponderance of the evidence against the ALJ's decision,
the decision must be affirmed if it is supported by
substantial evidence. Clark v. Heckler, 733 F.2d 65,
68 (8th Cir. 1984). “Substantial evidence is less than
a preponderance but is enough that a reasonable mind would
find it adequate to support the Commissioner's
conclusion.” Krogmeier v. Barnhart, 294 F.3d
1019, 1022 (8th Cir. 2002). See also Cox v. Astrue,
495 F.3d 614, 617 (8th Cir. 2007).
not the job of the district court to re-weigh the evidence or
review the factual record de novo. Cox, 495 F.3d at
617. Instead, the district court must simply determine
whether the quantity and quality of evidence is enough so
that a reasonable mind might find it adequate to support the
ALJ's conclusion. Davis v. Apfel, 239 F.3d 962,
966 (8th Cir. 2001) (citing McKinney v. Apfel, 228
F.3d 860, 863 (8th Cir. 2000)). Weighing the evidence is a
function of the ALJ, who is the fact-finder. Masterson v.
Barnhart, 363 F.3d 731, 736 (8th Cir. 2004). Thus, an
administrative decision which is supported by substantial
evidence is not subject to reversal merely because
substantial evidence may also support an opposite conclusion
or because the reviewing court would have decided
differently. Krogmeier, 294 F.3d at 1022.
determine whether the Commissioner's final decision is
supported by substantial evidence, the court is required to
review the administrative record as a whole and to consider:
(1) 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 ...