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Andrews v. Colvin

United States Court of Appeals, Eighth Circuit

July 2, 2015

Carrie Andrews, Plaintiff - Appellant
v.
Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant - Appellee

Submitted: April 13, 2015.

Page 924

[Copyrighted Material Omitted]

Page 925

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock.

For Carrie Andrews, Plaintiff - Appellant: Anthony W. Bartels, Attorney, Jonesboro, AR; Eugene Gregory Wallace, Campbell University School of Law, Raleigh, NC.

For Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant - Appellee: Elvi D. Jenkins, Special Assistant U.S. Attorney, Mark Jarrett Kingsolver, Assistant Regional Counsel, Michael McGaughran, Social Security Administration, Office of General Counsel Region VI, Dallas, TX; Stacey E. McCord, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Arkansas, Little Rock, AR.

Before BYE, BEAM, and SMITH, Circuit Judges.

OPINION

Page 926

BEAM, Circuit Judge.

Carrie Andrews appeals from the district court's[1] order affirming the Commissioner of the Social Security Administration's (the " Commissioner" ) denial of Andrews' application for disability insurance benefits (" DIB" ) and supplemental security income (" SSI" ) under Titles II and XVI of the Social Security Act, respectively. We affirm.

I. BACKGROUND

Andrews was born on February 1, 1976.[2] She has a GED and has past relevant work as a cashier, retail sales clerk, and a secretary/receptionist, all of which jobs are classified as sedentary or light duty work. On October 19, 2010, Andrews filed applications for both DIB and SSI, claiming a disability onset date of October 23, 2007. Andrews claims she is disabled and unable to work as a result of fibromyalgia/chronic pain syndrome, cervical disc disease, migraine headaches, major depressive disorder, generalized anxiety disorder and borderline personality disorder. The Commissioner denied her application initially and upon reconsideration. On December 1, 2011, Andrews had a hearing before an Administrative Law Judge (ALJ).

In support of her applications, Andrews submitted extensive medical records, including records showing frequent visits to her treating physician, Dr. Wandal Money, and to the emergency room. Between June 2007 and October 2012, Dr. Money treated Andrews on thirty-two different occasions for headaches, chronic pain syndrome, fibromyalgia and myofascial pain disorder. Based upon his interactions with Andrews over this course of treatment, Dr. Money submitted a medical source statement (" MSS" ) opining that Andrews is limited to occasionally and frequently lifting less than ten pounds, standing and walking less than two hours out of an eight-hour day, and sitting less than four hours in an eight-hour day. Dr. Money further indicated that Andrews would need frequent rest periods, longer than normal breaks, and the opportunity to change positions frequently or shift at will from sitting to standing/walking. Additional limitations Dr. Money noted included Andrews' inability to reach, finger, or handle due to numbness and tingling in her hands, and the need to avoid all exposure to extreme heat, humidity, fumes, odors, dusts, gases, perfumes, ...


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