United States Eighth Circuit

In a social security benefits case, an order denying remand and affirming a denial of disability insurance benefits and supplemental security income benefits is affirmed where: 1) there was no abuse of discretion in finding a lack of good cause to remand the case for consideration of new evidence pursuant to 42 U.S.C. section 405(g); 2) the ALJ's credibility assessment was proper; and 3) the record was lacking in evidence that would have put the ALJ on notice that claimant's mental capacity could be at issue, and the ALJ fully and fairly developed the record based on the evidence before him.

Appellate Information

• Decided 11/06/2008
• Published 11/06/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eugene Gregory Wallace, argued, Buies Creek, NC, Anthony W. Bartels, on the brief, Jonesboro, AR, for appellant.


• For Appellees:
  
• Jose Ricardo Hernandez, argued, Dallas, TX, for appellee.