United States Eighth Circuit

Denial of an application for disability insurance benefits (SSDI) and supplemental security income (SSI) under the Social Security Act is affirmed over claimant's arguments that an ALJ erred at step five by: 1) phrasing a hypothetical question without including both the concrete consequences of claimant's borderline intellectual functioning and her restrictions in dealing with others; and 2) relying on a vocational expert's testimony, which was not responsive to the ALJ's hypothetical question and identified jobs that exceeded claimant's mental limitations.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• E. Gregory Wallace, argued, Campbell University School Law, Buies Creek, NC (Anthony W. Bartels, Jonesboro, AR, on the brief), for appellant.


• For Appellees:
  
• Harry E. Velte, argued, Soc. Sec. Admin., Dallas, TX (Tina M. Waddell and Linda H. Green, on the brief), for appellee.