Daniel W. McClean v. Jo Anne Barnhart , 94 F. App'x 426 ( 2004 )


Menu:
  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 03-3178
    ___________
    Daniel W. McClean,                   *
    *
    Appellant,               * Appeal from the United States
    * District Court for the
    v.                             * Western District of Missouri.
    *
    Jo Anne B. Barnhart, Commissioner of * [UNPUBLISHED]
    Social Security,                     *
    *
    Appellee.                *
    ___________
    Submitted: March 3, 2004
    Filed: April 5, 2004
    ___________
    Before BYE, McMILLIAN, and RILEY, Circuit Judges.
    ___________
    PER CURIAM.
    Daniel W. McClean appeals the district court’s1 order affirming the denial of
    disability insurance benefits and supplemental security income. Having carefully
    reviewed the record, see Wheeler v. Apfel, 
    224 F.3d 891
    , 894-95 (8th Cir. 2000)
    (standard of review), we affirm.
    1
    The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
    Western District of Missouri.
    In his June 2000 applications and related documents, McClean alleged
    disability since February 1999 from, inter alia, carpal tunnel syndrome (CTS),
    learning disabilities, a bad back, and illiteracy. After a January 2002 hearing, an
    administrative law judge (ALJ) determined that McClean’s borderline intellectual
    function and his chronic cervical and lumbar strain were severe impairments, but his
    CTS was not severe, and his impairments, alone or combined, were not of listing-
    level severity. The ALJ further determined that although McClean’s residual
    functional capacity (RFC) precluded his past relevant work, he could perform certain
    jobs a vocational expert had identified in response to a hypothetical the ALJ had
    posed at the hearing.
    We reject McClean’s challenges to the ALJ’s credibility findings and to the
    ALJ’s RFC findings as they related to McClean’s upper extremities. The ALJ gave
    multiple valid reasons for finding McClean’s allegations concerning his limitations
    not entirely credible, see Lowe v. Apfel, 
    226 F.3d 969
    , 972 (8th Cir. 2000) (if
    adequately explained and supported, credibility findings are for ALJ to make); and
    we conclude that the ALJ’s RFC findings were supported by substantial evidence,
    including the examination findings of two consulting physicians and one treating
    physician, and the March 2000 opinion of Dr. Lee Piatek--the physician who
    performed McClean’s CTS releases in 1999--that McClean could have returned to his
    previous job in June 1999 without work restrictions, see Pearsall v. Massanari, 
    274 F.3d 1211
    , 1217-18 (8th Cir. 2001) (it is ALJ’s responsibility to determine RFC based
    on medical records, observations of treating physicians and others, and claimant’s
    own description of his limitations). We decline to consider McClean’s assertions
    concerning recent medical findings, as such findings relate to his physical status after
    the date of the ALJ’s decision. See Delrosa v. Sullivan, 
    922 F.2d 480
    , 483-84 (8th
    Cir. 1991).
    Accordingly, we affirm.
    ______________________________
    -2-