Mark Liner v. Carolyn Colvin , 815 F.3d 437 ( 2016 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 15-2551
    ___________________________
    Mark Liner
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Carolyn W. Colvin, Acting Commissioner of Social Security
    lllllllllllllllllllll Defendant - Appellee
    ____________
    Appeal from United States District Court
    for the Western District of Arkansas - El Dorado
    ____________
    Submitted: February 10, 2016
    Filed: March 7, 2016
    [Published]
    ____________
    Before RILEY, Chief Judge, LOKEN and BENTON, Circuit Judges.
    ____________
    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 court1 affirmed.
    Having jurisdiction under 
    28 U.S.C. § 1291
    , this court affirms.
    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.
    *******
    The judgment is affirmed.
    ______________________________
    1
    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).
    -2-
    

Document Info

Docket Number: 15-2551

Citation Numbers: 815 F.3d 437

Filed Date: 3/7/2016

Precedential Status: Precedential

Modified Date: 1/12/2023