United States Eighth Circuit

Denial of an application for disability insurance benefits under Title II of the Social Security Act is affirmed over claims that: 1) the ALJ applied the incorrect legal standard for determining residual functional capacity; 2) the ALJ failed to consider his mental impairments in determining his residual functional capacity; 3) the ALJ applied the incorrect legal standard in evaluating a treating physician's testimony; and 4) the ALJ improperly relied on the testimony of a vocational expert who testified based on a hypothetical question that did not include claimant's non-exertional impairments.

Appellate Information

• Decided 09/15/2008
• Published 09/15/2008

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James H. Green, Kansas City, MO, for appellant., Mark S. Naggi, Spec. Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellant;  Kristi A. Schmidt, Acting Chief Counsel, Region VII, Social Sec. Admin., Kansas City, MO, of counsel.