Rodney McCain v. Carolyn W. Colvin ( 2017 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 16-2688
    ___________________________
    Rodney McCain
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Carolyn W. Colvin, Acting Commissioner of Social Security
    lllllllllllllllllllll Defendant - Appellee
    ____________
    Appeal from United States District Court
    for the Eastern District of Arkansas - Jonesboro
    ____________
    Submitted: January 26, 2017
    Filed: February 3, 2017
    [Unpublished]
    ____________
    Before SMITH, ARNOLD, and COLLOTON, Circuit Judges.
    ____________
    PER CURIAM.
    Rodney McCain appeals the district court’s1 order affirming the denial of
    disability insurance benefits. We agree with the district court that substantial
    1
    The Honorable Jerome T. Kearney, United States Magistrate Judge for the
    Eastern District of Arkansas, to whom the case was referred for final disposition by
    consent of the parties pursuant to 28 U.S.C. § 636(c).
    evidence on the record as a whole supported the administrative law judge’s (ALJ’s)
    determinations as to credibility and residual functional capacity (RFC). See Harvey
    v. Colvin, 
    839 F.3d 714
    , 715 (8th Cir. 2016) (reviewing de novo district court’s
    decision, and affirming if Commissioner’s decision is supported by substantial
    evidence on record as whole, including new evidence considered by Appeals
    Council). Because the ALJ gave several valid reasons for finding Mr. McCain’s
    subjective complaints not entirely credible, we find that the credibility determination
    is entitled to deference. See Julin v. Colvin, 
    826 F.3d 1082
    , 1086 (8th Cir. 2016) (if
    ALJ’s credibility determination is supported by good reasons and substantial
    evidence, this court will defer to ALJ’s determination). As to the RFC determination,
    it was supported by some medical evidence, such as the assessments of a consulting
    physician, and also the RFC findings of reviewing physicians, which were less
    restrictive than those of the ALJ. See Boyd v. Colvin, 
    831 F.3d 1015
    , 1020 (8th Cir.
    2016) (it is ALJ’s responsibility to determine RFC based on all relevant evidence:
    medical records, observations of treating physicians and others, and individual’s own
    description of his limitations); Hensley v. Colvin, 
    829 F.3d 926
    , 932 (8th Cir. 2016)
    (RFC is medical question, and must be supported by some medical evidence of
    claimant’s ability to function in workplace). Further, we agree with the ALJ that no
    treating or examining physician found any greater limitations. Accordingly, the
    judgment of the district court is affirmed, and Mr. McCain’s motion to supplement
    the record is denied.
    ______________________________
    -2-
    

Document Info

Docket Number: 16-2688

Judges: Smith, Arnold, Colloton

Filed Date: 2/3/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024