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United States Court of Appeals, Eighth Circuit.

Joshua D. KOCHEN Plaintiff - Appellant v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION Defendant - Appellee

No. 18-1155

Decided: December 27, 2018

Before WOLLMAN, GRUENDER, and ERICKSON, Circuit Judges. Sean Dillon Cuddigan, Timothy J. Cuddigan, Brodkey & Cuddigan, Omaha, NE, Thomas A. Krause, Schott Mauss & Associates, P.C., Des Moines, IA, for Plaintiff - Appellant Robert Homan, Assistant U.S. Attorney, U.S. Attorney's Office, District of Nebraska, Omaha, NE, Michael Allen Moss, Social Security Administration, Office of General Counsel Region VI, Dallas, TX, for Defendant - Appellee


Joshua D. Kochen appeals from the order of the District Court 1 affirming the denial of disability insurance benefits and supplemental security income. After de novo review of the record and consideration of Kochen’s arguments for reversal, we conclude that substantial evidence on the record as a whole supports the decision. See Fentress v. Berryhill, 854 F.3d 1016, 1019-20 (8th Cir. 2017) (discussing standard of review). Specifically, the administrative law judge’s (ALJ’s) determination on Kochen’s residual functional capacity (RFC) is supported by substantial evidence. See Hensley v. Colvin, 829 F.3d 926, 931-32 (8th Cir. 2016) (noting that claimant has burden to establish his RFC); Wildman v. Astrue, 596 F.3d 959, 969 (8th Cir. 2010) (holding that RFC is influenced by determination that claimant’s allegations are not credible, and that ALJ is not obligated to include limitations from opinions he properly disregarded). The judgment is affirmed.


1.   The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.


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