Loretta J. Roland v. Jo Anne B. Barnhart ( 2004 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-1697
    ___________
    Loretta J. Roland,                   *
    *
    Appellant,               *
    * Appeal from the United States
    v.                             * District Court for the
    * Eastern District of Arkansas.
    Jo Anne B. Barnhart, Commissioner,   *
    Social Security Administration,      * [UNPUBLISHED]
    *
    Appellee.                *
    ___________
    Submitted: November 5, 2004
    Filed: November 10, 2004
    ___________
    Before MURPHY, FAGG, and SMITH, Circuit Judges.
    ___________
    PER CURIAM.
    Loretta Roland appeals from the district court’s1 order affirming the Social
    Security Commissioner’s denial of her applications for benefits. For the reasons that
    follow, we affirm.
    1
    The Honorable J. Thomas Ray, 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).
    Roland underwent surgery for a herniated disk in April 2000. She later sought
    disability insurance benefits and supplemental security income, claiming she could
    no longer work, primarily because of residual back and left-leg pain. Following a
    hearing, an administrative law judge (ALJ) found that Roland--who was 45 years old
    on her alleged onset date, and had a high school education--was able to perform light
    work and thus was not disabled. The ALJ relied on the Medical-Vocational
    Guidelines (Grids). See 20 C.F.R. §§ 404.1569, 416.969, and Subpt. P, App. 2, Rule
    202.14 (2004). After the Appeals Council denied Roland’s request for review, she
    sought review in federal court, and the district court entered judgment in favor of the
    Commissioner.
    Following careful review, we conclude that the ALJ’s decision is supported by
    substantial evidence on the record as a whole. See Harris v. Barnhart, 
    356 F.3d 926
    ,
    928 (8th Cir. 2004) (standard of review). Specifically, the ALJ was entitled to rely
    on the Grids, because the record supports the ALJ’s finding that Roland’s
    nonexertional impairments do not significantly diminish her residual functional
    capacity (RFC) to perform light work. See Thompson v. Bowen, 
    850 F.2d 346
    , 349-
    50 (8th Cir. 1988) (if ALJ determines that claimant’s nonexertional limitations do not
    affect her RFC, then ALJ may rely on Grids to direct conclusion of disabled or not
    disabled without resorting to vocational expert’s testimony). In addition, the ALJ
    partially discounted for legally sufficient reasons Roland’s complaints of pain. See
    Reynolds v. Chater, 
    82 F.3d 254
    , 258-59 (8th Cir. 1996) (when complaints of pain
    are explicitly discredited for legally sufficient reasons, Grids may be used); Lowe v.
    Apfel, 
    226 F.3d 969
    , 972 (8th Cir. 2000) (if adequately explained and supported,
    credibility findings are for ALJ to make). Further, the award of disability benefits by
    the insurer of Roland’s former employer, while relevant, was nonbinding on the ALJ,
    and the ALJ’s failure to discuss the award is not a basis for reversal. See
    Montgomery v. Chater, 
    69 F.3d 273
    , 275 (8th Cir. 1995).
    Accordingly, we affirm the judgment of the district court.
    _____________________________
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