Rita Jarmon v. Kilolo Kijakazi ( 2023 )


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  •                United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 22-2619
    ___________________________
    Rita Jarmon
    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 - Central
    ____________
    Submitted: March 1, 2023
    Filed: March 7, 2023
    [Unpublished]
    ____________
    Before LOKEN, KELLY, and KOBES, Circuit Judges.
    ____________
    PER CURIAM.
    Rita Jarmon appeals the district court’s1 order affirming the denial of disability
    insurance benefits. Jarmon argues that the administrative law judge (ALJ) erred in
    evaluating the opinion of her one-time treating physician under 
    20 C.F.R. § 404
    .1520c. We find that the ALJ properly evaluated the opinion, as that regulation
    applies to claims--like Jarmon’s--filed after March 27, 2017, and explicitly abrogates
    the treating source rule; and as the ALJ considered the supportability and consistency
    of the opinion. See Austin v. Kijakazi, 
    52 F.4th 723
    , 728-30 (8th Cir. 2022) (under
    revised regulations, treating physicians’ opinions are no longer entitled to special
    deference; finding that prior precedent applying treating-source rule was inapposite,
    and that ALJ adequately analyzed opinion by addressing its supportability and
    consistency). Thus, we find that substantial evidence in the record as a whole
    supports the ALJ’s adverse decision. See Kraus v. Saul, 
    988 F.3d 1019
    , 1023-24 (8th
    Cir. 2021) (standard of review).
    The judgment is affirmed.
    ______________________________
    1
    The Honorable Brian S. Miller, United States District Judge for the Eastern
    District of Arkansas, adopting the report and recommendations of the Honorable Joe
    J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.
    -2-
    

Document Info

Docket Number: 22-2619

Filed Date: 3/7/2023

Precedential Status: Non-Precedential

Modified Date: 3/7/2023