Daniel Leach v. Michael J. Astrue , 496 F. App'x 681 ( 2013 )


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  •               United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 12-1803
    ___________________________
    Daniel Leach
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Michael J. Astrue, Commissioner of Social Security
    lllllllllllllllllllll Defendant - Appellee
    ____________
    Appeal from United States District Court
    for the District of Minnesota - Minneapolis
    ____________
    Submitted: December 26, 2012
    Filed: January 7, 2013
    [Unpublished]
    ____________
    Before BYE, GRUENDER, and BENTON, Circuit Judges.
    ____________
    PER CURIAM.
    Daniel Leach appeals the district court’s1 order affirming the denial of
    disability insurance benefits and supplemental security income. Upon de novo
    review, see Perks v. Astrue, 
    687 F.3d 1086
    , 1091 (8th Cir. 2012), we agree with the
    district court that the Commissioner’s decision is supported by substantial evidence
    in the record as a whole. Specifically, we conclude that the adverse credibility
    determination is entitled to deference, because the administrative law judge (ALJ)
    explicitly discredited Leach and gave good reasons for doing so, see Renstrom v.
    Astrue, 
    680 F.3d 1057
    , 1067 (8th Cir. 2012); see also Perkins v. Astrue, 
    648 F.3d 892
    , 901 (8th Cir. 2011) (there is no doubt in many social security cases that claimant
    has pain, but real issue is severity of pain); and that the ALJ properly rejected the
    more restrictive limitations cited by treating physician Michael Ulrich, see Medhaug
    v. Astrue, 
    578 F.3d 805
    , 815 (8th Cir. 2009) (because record must be evaluated as
    whole, treating physician’s opinion does not automatically control). The district court
    is affirmed.
    ______________________________
    1
    The Honorable Susan Richard Nelson, United States District Judge for the
    District of Minnesota, adopting the report and recommendations of the Honorable
    Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota.
    -2-
    

Document Info

Docket Number: 12-1803

Citation Numbers: 496 F. App'x 681

Judges: Bye, Gruender, Benton

Filed Date: 1/7/2013

Precedential Status: Non-Precedential

Modified Date: 10/19/2024