United States Eighth Circuit

In a petition for review of the Commissioner of Social Security's denial of petitioner's application for disability insurance benefits and supplemental security income, the petition is denied where: 1) the medical records from the period that petitioner used marijuana were substantial evidence that his substance abuse was a contributing factor material to his disability; 2) the Administrative Law Judge's (ALJ) initial finding that petitioner's symptoms, regardless of cause, constituted disability did not preclude an ultimate finding that substance abuse was a contributing factor simply because petitioner was not abusing marijuana at the time of the hearing; and 3) the ALJ did not reject petitioner's testimony that he had stopped using marijuana, and in fact, he found that his substance abuse was "in remission."

Appellate Information

• Decided 06/10/2010
• Published 06/10/2010

Judges

• BENTON, Circuit Judge., Before RILEY, Chief Judge, COLLOTON and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul A. Silich, argued, Epworth, IA, for appellant.


• For Appellees:
  
• Diana Erickson, Special AUSA, argued, Kansas City, MO, for appellee.