Read Owen v. Astrue, 08-1172

Denial of disability insurance benefits and supplemental security income is affirmed, where: 1.) ALJ did not err in balancing the medical evidence in the record or in finding that the treating physician's RFC assessment was not entitled to controlling weight because it was contradicted by the medical record and internally inconsistent; and 2.) there was no evidence that the drowsiness claimant experienced as a result of his medication was uncontrollable or restricted his ability to work.

Appellate Information

• Decided 12/29/2008
• Published 12/29/2008

Judges

• SMITH, Circuit Judge., Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thad James Murphy, argued, Michael DePree, on the brief, Davenport, IA, for appellant.


• For Appellees:
  
• Kevin B. Murphy, AUSA, argued, Christopher Hagen, AUSA, Des Moines, IA and Kristi A. Schmidt, Social Security Admin., on the brief, Kansas City, MO, for appellee.