Nellie Baldridge v. Kilolo Kijakazi ( 2022 )


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  •                United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 22-1277
    ___________________________
    Nellie A. Baldridge
    lllllllllllllllllllllPlaintiff - Appellant
    v.
    Kilolo Kijakazi, Acting Commissioner of Social Security Administration
    lllllllllllllllllllllDefendant - Appellee
    ____________
    Appeal from United States District Court
    for the Eastern District of Arkansas - Northern
    ____________
    Submitted: August 2, 3033
    Filed: August 5, 2022
    [Unpublished]
    ____________
    Before GRUENDER, MELLOY, and KOBES, Circuit Judges.
    ____________
    PER CURIAM.
    Nellie Baldridge appeals the district court’s1 order affirming the denial of
    disability insurance benefits. We agree with the district court that substantial
    evidence in the record as a whole supports the adverse decision. See Schwandt v.
    Berryhill, 
    926 F.3d 1004
    , 1008 (8th Cir. 2019) (standard of review).
    We find that the administrative law judge (ALJ) adequately considered whether
    Baldridge’s migraines medically equaled listing 11.02, see Vance v. Berryhill, 
    860 F.3d 1114
    , 1118 (8th Cir. 2017) (ALJ’s failure to address specific listing or to
    elaborate on conclusion that claimant’s impairments do not meet listings is not
    reversible error if record supports conclusion). We also find that the ALJ properly
    determined Baldridge’s residual functional capacity (RFC). Specifically, the ALJ
    properly discounted Baldridge’s subjective complaints, see Bryant v. Colvin, 
    861 F.3d 779
    , 782-83 (8th Cir. 2017) (ALJ properly considered claimant’s daily activities
    and history of working with condition in discounting complaints); Milam v. Colvin,
    
    794 F.3d 978
    , 985 (8th Cir. 2015) (ALJ properly considered plaintiff’s conservative
    treatment in discrediting complaints), and her treating physician’s opinions, see Julin
    v. Colvin, 
    826 F.3d 1082
    , 1089 (8th Cir. 2016) (where ALJ did not credit claimant’s
    allegations, he was entitled to discount physician’s opinions that relied on those
    allegations); McCoy v. Astrue, 
    648 F.3d 605
    , 615 (8th Cir. 2011) (ALJ may discredit
    physician’s opinion because opinion was not based on all relevant medical evidence);
    and substantial evidence supported the RFC determination, see Despain v. Berryhill,
    
    926 F.3d 1024
    , 1028-29 (8th Cir. 2019) (ALJ’s evaluation of treatment notes,
    claimant’s course of treatment, claimant’s daily activities, and consultant’s opinions
    constituted substantial evidence supporting RFC determination); Wildman v. Astrue,
    
    596 F.3d 959
    , 969 (8th Cir. 2010) (ALJ did not err by declining to include in RFC
    1
    The Honorable Patricia S. Harris, 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).
    -2-
    limitations based on claimant’s allegations that he found not credible, or limitations
    from physicians’ opinions he properly disregarded).
    The judgment is affirmed.
    ______________________________
    -3-
    

Document Info

Docket Number: 22-1277

Filed Date: 8/5/2022

Precedential Status: Non-Precedential

Modified Date: 8/5/2022