Cantrell Ex Rel. Cantrell v. Berryhill , 694 F. App'x 448 ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-4375
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Robert G. Cantrell, On behalf of Scharlie Anne Cantrell
lllllllllllllllllllll Plaintiff - Appellant
v.
Nancy A. Berryhill, Acting Commissioner of Social Security Administration
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: July 26, 2017
Filed: July 27, 2017
[Unpublished]
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Before WOLLMAN, LOKEN, and BENTON, Circuit Judges.
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PER CURIAM.
Robert G. Cantrell, on behalf of his deceased daughter Scharlie Cantrell,
appeals the district court’s1 order upholding the denial of disability insurance benefits
1
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.
and supplemental security income. Having jurisdiction under 42 U.S.C. § 405(g), this
court affirms.
Cantrell raises specific challenges to an administrative law judge’s (ALJ’s)
residual functional capacity (RFC) determination. He asserts that the ALJ erred by
not adopting the RFC opinion of a treating psychologist, and objects to the ALJ’s
reliance on a vocational expert’s testimony in response to a hypothetical containing
the challenged RFC determination finding Scharlie not disabled. This court agrees
with the district court that substantial evidence on the record as a whole supports the
adverse decision. See Harvey v. Colvin, 839 F.3d 714, 715 (8th Cir. 2016) (de novo
review); Perks v. Astrue, 687 F.3d 1086, 1092 (8th Cir. 2012) (claimant has burden
of establishing RFC; while RFC assessment draws from medical sources for support
and must be supported by some medical evidence, it is ultimately administrative
determination reserved to Commissioner); Perkins v. Astrue, 648 F.3d 892, 897 (8th
Cir. 2011) (treating physician’s opinion does not automatically control, as record
must be evaluated as whole).
The judgment is affirmed.
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