June Kittler v. Jo Anne B. Barnhart , 231 F. App'x 524 ( 2007 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 06-2225
    ___________
    June Kittler,                         *
    *
    Appellant,                *
    * Appeal from the United States
    * District Court for the
    * Eastern District of Arkansas.
    1
    Michael J. Astrue, Commissioner,      *
    Social Security Administration,       * [UNPUBLISHED]
    *
    Appellee.                 *
    ___________
    Submitted: May 3, 2007
    Filed: May 14, 2007
    ___________
    Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.
    ___________
    PER CURIAM.
    June Kittler appeals the district court’s2 order affirming the denial of
    supplemental security income. Kittler alleged disability since January 2001 from
    1
    Michael J. Astrue has been appointed to serve as Commissioner of Social
    Security, and is substituted as appellee pursuant to Federal Rule of Appellate
    Procedure 43(c).
    2
    The Honorable H. David Young, 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).
    dizziness, chest pain, and pain and numbness in her left arm. Following a second
    hearing upon an Appeals Council remand, an administrative law judge (ALJ) found
    that (1) Kittler’s medically determinable impairments--mild mitral valve click and soft
    systolic murmur, and possible ischemia in her legs--were severe, but not of listing-
    level severity; (2) her allegations and testimony about the nature and severity of her
    impairments were not entirely credible; (3) she had the residual functional capacity
    (RFC) to perform a full range of light work; and (4) considering her age, education,
    work experience, and RFC, the Medical Vocational Guidelines directed a finding of
    not disabled. Having carefully reviewed the record, we affirm the denial of benefits.
    See Gonzales v. Barnhart, 
    465 F.3d 890
    , 894 (8th Cir. 2006) (standard of review).
    Because the ALJ gave multiple valid reasons for finding Kittler’s subjective
    complaints not entirely credible, we defer to those credibility findings. See Guilliams
    v. Barnhart, 
    393 F.3d 798
    , 801 (8th Cir. 2005) (deference to ALJ’s credibility
    determination is warranted if it is supported by good reasons and substantial
    evidence). The ALJ’s RFC determination is also supported by the record. See Stormo
    v. Barnhart, 
    377 F.3d 801
    , 807 (8th Cir. 2004) (in determining RFC, ALJ should
    consider medical records, observations of treating physicians and others, and
    claimant’s own description of limitations). Finally, Kittler has failed to provide
    evidence of bias. See Rollins v. Massanari, 
    261 F.3d 853
    , 857-58 (9th Cir. 2001)
    (quasi-judicial administrative officers, such as ALJs, are presumed to be unbiased, but
    presumption can be rebutted by showing conflict of interest or another specific reason
    to disqualify ALJ).
    Accordingly, we affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 06-2225

Citation Numbers: 231 F. App'x 524

Judges: Gruender, Per Curiam, Shepherd, Smith

Filed Date: 5/14/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024