Kevin Wolfe v. Nancy A. Berryhill , 697 F. App'x 889 ( 2017 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 16-4469
    ___________________________
    Kevin L. Wolfe
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Nancy A. Berryhill, Acting Commissioner of Social Security
    lllllllllllllllllllll Defendant - Appellee
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa - Des Moines
    ____________
    Submitted: September 26, 2017
    Filed: September 29, 2017
    [Unpublished]
    ____________
    Before GRUENDER, BENTON, and KELLY, Circuit Judges.
    ____________
    PER CURIAM.
    Kevin L. Wolfe appeals the district court’s1 order upholding the denial of
    disability insurance benefits. This court reviews de novo the district court’s decision
    1
    The Honorable Ronald E. Longstaff, United States District Judge for the
    Southern District of Iowa, now retired.
    affirming the denial of benefits, examining whether the administrative law judge’s
    (ALJ) decision is supported by substantial evidence on the record as a whole. See Igo
    v. Colvin, 
    839 F.3d 724
    , 728 (8th Cir. 2016). We find no merit to Wolfe’s challenges
    to the ALJ’s credibility findings. See Julin v. Colvin, 
    826 F.3d 1082
    , 1086 (8th Cir.
    2016) (noting that credibility findings are ALJ’s province, and, so long as they are
    supported by “good reasons and substantial evidence,” this court will defer to those
    findings (quoting Guilliams v. Barnhart, 
    393 F.3d 798
    , 801 (8th Cir. 2005))). We
    also find no merit to Wolfe’s challenges to the ALJ’s determination of his mental
    residual functional capacity (RFC), because the ALJ’s reasons for discounting the
    opinion of Wolfe’s treating psychiatrist were valid, see Perkins v. Astrue, 
    648 F.3d 892
    , 897–99 (8th Cir. 2011) (holding that treating physician’s opinion does not
    automatically control, as record must be evaluated as whole; it is permissible for ALJ
    to discount treating physician’s opinion that is inconsistent with his own notes); and
    the mental RFC determination was consistent with the medical evidence, see Boyd
    v. Colvin, 
    831 F.3d 1015
    , 1020 (8th Cir. 2016) (explaining that “it is the
    responsibility of the ALJ, and not a physician, to determine a claimant’s RFC” based
    on all relevant evidence: medical records, observations of treating physicians and
    others, and claimant’s own description of his limitations); Hensley v. Colvin, 
    829 F.3d 926
    , 931–32 (8th Cir. 2016) (stating that the claimant bears the burden of
    demonstrating RFC, which must be supported by some medical evidence, but there
    is no requirement that finding be supported by specific medical opinion). The
    judgment of the district court is affirmed.
    ______________________________
    -2-
    

Document Info

Docket Number: 16-4469

Citation Numbers: 697 F. App'x 889

Judges: Gruender, Benton, Kelly

Filed Date: 9/29/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024