Donna Henry v. Carolyn W. Colvin , 585 F. App'x 918 ( 2014 )


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  •                United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 14-1640
    ___________________________
    Donna Lynn Henry
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Carolyn W. Colvin, Acting Commissioner, Social Security Administration
    lllllllllllllllllllll Defendant - Appellee
    ____________
    Appeal from United States District Court
    for the Western District of Arkansas - Ft. Smith
    ____________
    Submitted: November 21, 2014
    Filed: December 4, 2014
    [Unpublished]
    ____________
    Before WOLLMAN, BYE, and MELLOY, Circuit Judges.
    ____________
    PER CURIAM.
    Donna Lynn Henry appeals the district court’s1 order affirming the denial of
    disability insurance benefits and supplemental security income. Upon de novo
    review, we agree with the district court that the administrative law judge’s (ALJ’s)
    decision is supported by substantial evidence on the record as a whole. See Owens
    v. Colvin, 
    727 F.3d 850
    , 851 (8th Cir. 2013). Specifically, contrary to Henry’s
    assertions on appeal, the ALJ’s credibility determination is entitled to deference
    because it is based on several valid reasons, see McDade v. Astrue, 
    720 F.3d 994
    , 998
    (8th Cir. 2013); the ALJ properly discounted the RFC opinions of two treating
    physicians, see Perkins v. Astrue, 
    648 F.3d 892
    , 897-98 (8th Cir. 2011) (treating
    physician’s opinion does not automatically control); Davidson v. Astrue, 
    501 F.3d 987
    , 990-91 (8th Cir. 2007) (treating physician’s opinion is properly discounted when
    it is inconsistent with physician’s own treatment notes); Henry failed to meet her
    burden of establishing more limitations than those found by the ALJ in his RFC
    determination, which were consistent with the medical evidence, see Martise v.
    Astrue, 
    641 F.3d 909
    , 923 (8th Cir. 2011) (claimant bears burden of persuasion to
    prove disability and demonstrate RFC; RFC is medical question so it must be
    supported by some medical evidence); and because the ALJ’s hypothetical to the
    vocational expert encompassed all of Henry’s proven impairments, the vocational
    expert’s response to the hypothetical constituted substantial evidence, see Buckner
    v. Astrue, 
    646 F.3d 549
    , 560-61 (8th Cir. 2011). The judgment of the district court
    is affirmed.
    ______________________________
    1
    The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
    the Western District of Arkansas, adopting the report and recommendations of the
    Honorable Erin Setser, United States Magistrate Judge for the Western District of
    Arkansas.
    -2-
    

Document Info

Docket Number: 14-1640

Citation Numbers: 585 F. App'x 918

Filed Date: 12/4/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023