United States Eighth Circuit

In petitioner's appeal from a judgment upholding the Commissioner of Social Security's denial of petitioner's application for supplemental security income, the order is affirmed where: 1) the Administrative Law Judge's (ALJ) consideration of petitioner's physician's signed residual functional capacity assessment satisfied the obligation to receive an expert opinion on equivalence; 2) it was reasonable for the ALJ to conclude that petitioner's control of his diabetes prevented future episodes of ketoacidosis with vomiting and nausea, and thereby limited the severity of the impairment; and 3) substantial evidence supports the ALJ's conclusion that petitioner's impairments did not equal the severity of all the criteria in Listing 5.08.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and BENTON, Circuit Judges, and PIERSOL,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John August Bowman, argued, Davenport, IA (Michael DePree, on the brief), for appellant.


• For Appellees:
  
• Mark S. Naggi, argued, Kansas City, MO (Pamela A. Kultgen, on the brief), for appellee.