Louis D. Denault v. John J. Callahan ( 1998 )


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  •                          United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 97-2940
    ___________
    Louis D. Denault,                     *
    *
    Appellant,               *
    * Appeal from the United States
    v.                              * District Court for the
    * District of North Dakota.
    Kenneth S. Apfel, Commissioner of     *
    *
    Social Security,                      *    [UNPUBLISHED]
    *
    Appellee.                *
    ___________
    Submitted: March 30, 1998
    Filed: April 10, 1998
    ___________
    Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.
    ___________
    PER CURIAM.
    Louis D. Denault, who suffers from degenerative osteoarthritis, appeals the
    district court&s1 grant of summary judgment affirming the Social Security
    *
    Kenneth S. Apfel has been appointed to serve as Commissioner of Social
    Security, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure
    43(c).
    1
    The Honorable Rodney S. Webb, Chief Judge, United States District Court for
    the District of North Dakota.
    Commissioner&s decision to deny Denault&s applications for disability insurance
    benefits and supplemental security income.
    Having carefully reviewed the record, we conclude, contrary to Denault&s
    assertion on appeal, that the administrative law judge&s credibility findings were made
    in conformity with the procedures set out in Polaski v. Heckler, 
    739 F.2d 1320
    , 1322
    (8th Cir. 1984), and that those findings were supported by substantial evidence in the
    record as a whole. In addition, we conclude that the hypothetical question posed to the
    vocational expert was adequate. See Roe v. Chater, 
    92 F.3d 672
    , 676 (8th Cir. 1996)
    (hypothetical question need not include specific diagnostic or symptomatic terms where
    other descriptive terms can adequately define claimant&s impairments). Because the
    vocational expert testified that Denault could perform certain sedentary jobs which
    existed in significant numbers, we conclude that the Commissioner met his burden of
    showing Denault could perform substantial gainful employment. See Miller v. Shalala,
    
    8 F.3d 611
    , 613 (8th Cir. 1993) (per curiam) (vocational expert&s testimony amounts
    to substantial evidence if hypothetical precisely included impairments that
    administrative law judge accepted as true).
    Accordingly, we affirm the judgment of the district court.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 97-2940

Filed Date: 4/10/1998

Precedential Status: Non-Precedential

Modified Date: 10/13/2015