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Liner v. Colvin

United States Court of Appeals For the Eighth Circuit
Mar 7, 2016
815 F.3d 437 (8th Cir. 2016)

Summary

finding that an RFC formulation that prohibited the claimant from overhead reaching with his right arm amply accounted for his right shoulder impairments where the record reflected limited range of motion but also normal coordination, limb function, grip strength, and sensory capabilities

Summary of this case from Harter v. Colvin

Opinion

No. 15–2551.

03-07-2016

Mark LINER, Plaintiff–Appellant v. Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant–Appellee.

Anthony W. Bartels, Jonesboro, AR, Eugene Gregory Wallace, Raleigh, NC, for Plaintiff–Appellant. Michael McGaughran, Shalyn Timmons, Dallas, TX, for Defendant–Appellee.


Anthony W. Bartels, Jonesboro, AR, Eugene Gregory Wallace, Raleigh, NC, for Plaintiff–Appellant.

Michael McGaughran, Shalyn Timmons, Dallas, TX, for Defendant–Appellee.

Opinion

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 Appeals Council denied Liner's request for review. The district court affirmed. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

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).
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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.

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The judgment is affirmed.


Summaries of

Liner v. Colvin

United States Court of Appeals For the Eighth Circuit
Mar 7, 2016
815 F.3d 437 (8th Cir. 2016)

finding that an RFC formulation that prohibited the claimant from overhead reaching with his right arm amply accounted for his right shoulder impairments where the record reflected limited range of motion but also normal coordination, limb function, grip strength, and sensory capabilities

Summary of this case from Harter v. Colvin
Case details for

Liner v. Colvin

Case Details

Full title:Mark Liner Plaintiff - Appellant v. Carolyn W. Colvin, Acting Commissioner…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Mar 7, 2016

Citations

815 F.3d 437 (8th Cir. 2016)
228 Soc. Sec. Rep. Serv. 7

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