Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

Plaintiff appealed the denial of her application for Social Security disability insurance benefits and supplemental security income. The court concluded that substantial evidence supported the ALJ’s finding that plaintiff did not meet the requirements for mental retardation in Listing 12.05C; that the ALJ characterized plaintiff's impairment as mild mental retardation at step two did not preclude the ALJ on this record from finding at step three that plaintiff did not exhibit deficits in adaptive functioning; and therefore, the court affirmed the judgment. View "Ash v. Colvin" on Justia Law

Plaintiff appealed the denial of social security disability benefits and supplemental security income. The ALJ provided valid reasons for discounting plaintiff's subjective complaints and the court held that the ALJ's less-than-fully credible determination is supported by substantial evidence; the ALJ's residual functioning capacity (RFC) is supported by substantial evidence; and the ALJ gave proper weight to plaintiff's treating physicians where the opinions were not supported by the record as a whole. Accordingly, the court affirmed the denial of benefits. View "Chaney v. Colvin" on Justia Law

Plaintiffs seek to represent a class of dual status National Guard technicians who had their benefits determined prior to the court's issuance of Petersen v. Astrue and would like to have their benefits readjusted to take advantage of the decision to avoid application of the Windfall Elimination Provision (WEP). The district court dismissed the complaint for lack of jurisdiction. The court affirmed the district court's decision to reject the application of mandamus jurisdiction where the district court held that there is no clear, nondiscretionary duty on behalf of the SSA to apply the Peterson decision to plaintiffs. The court also concluded that plaintiffs failed to present a colorable constitutional claim on equal protection grounds that would justify the application of the exception to 42 U.S.C. 405(g)’s jurisdictional limitations. Plaintiffs’ due process claim also does not support application of an exception to 405(g). Accordingly, the court affirmed the judgment. View "Mitchael v. Colvin" on Justia Law

Plaintiff appealed the denial of disability insurance benefits and supplemental security income, contending that the ALJ failed to properly weigh certain medical opinions in the record. The court concluded that the ALJ did not err in discussing, reviewing or giving less weight to plaintiff's primary treating psychiatrist's opinion. In this case, the ALJ noted that the psychiatrist's opinion was inconsistent with the totality of the medical evidence and not supported by petitioner’s demonstrated level of functioning. Further, the court concluded that the ALJ properly explained her reasons for giving little weight to the “other” medical sources, and the ALJ did not err in finding the totality of the medical evidence and plaintiff's demonstrated level of functioning were inconsistent with these “other” medical sources’ opinions. Accordingly, the court affirmed the judgment. View "Lawson v. Colvin" on Justia Law

Plaintiff appealed the denial of supplemental security income (SSI) where the ALJ found that plaintiff was not disabled because he could perform sedentary work. The court concluded that the ALJ correctly gave less weight to the nurse practitioner's medical opinion where it was inconsistent with other opinions from plaintiff's treating physicians. Further, the ALJ did not err by failing to obtain vocational expert testimony and instead relying solely on the Medical-Vocational Guidelines. Accordingly, the court affirmed the judgment. View "Crawford v. Colvin" on Justia Law

Plaintiff appealed the denial of supplemental security income (SSI) and disability insurance benefits (DIB). The court concluded that there is no proof that the ALJ did not consider the nurse practitioner's opinion as an "other" medical source; the ALJ rightly disregarded the nurse practitioner's opinion that plaintiff was unable to work because that involves an issue reserved for the Commissioner and is not the type of "medical opinion" to which the Commissioner gives controlling weight; and the ALJ's determination of plaintiff's residual functioning capacity (RFC) that she could perform the standing and walking requirements of light work is supported by substantial evidence. Further, substantial evidence supports the ALJ's decision to not include additional manipulative limitations. Accordingly, the court affirmed the district court's order upholding the denial of SSI and DIB benefits. View "Cypress v. Colvin" on Justia Law

Mowlana, a native of Somalia, was admitted to the United States as a refugee in 2000 and became a lawful permanent resident in 2002. He was ordered removed from the U.S. after the Board of Immigration Appeals concluded that he had been convicted of an aggravated felony. The Board cited Mowlana’s prior conviction under 7 U.S.C. 2024(b), which forbids the knowing use, transfer, acquisition, alteration, or possession of benefits in a manner contrary to the statutes and regulations of the Supplemental Nutrition Assistance Program (food stamps). The Eighth Circuit dismissed his petition for review, agreeing that his offense was an aggravated felony, 8 U.S.C. 1227(a)(2)(A)(iii). View "Mowlana v. Holder" on Justia Law

Hesseltine is “within the Borderline range of mental functioning.” She graduated from high school in 2003, reading at a sixth grade level. Hesseltine underwent several childhood surgeries to treat a leg impairment caused by Perthes disease, which cuts off blood flow to the hip. From 2004 to 2005, Hesseltine worked irregularly as a cook’s helper. From 2005 to 2007, Hesseltine worked part-time at a laundry business with the help of a job coach. In 2009, Hesseltine worked briefly as a casino housekeeper. In 2006, Hesseltine was diagnosed with polycystic ovarian syndrome, she manages her syndrome with medication. In 2007, a doctor observed limitation in flexion of her left hip and knee, “probably due to obesity.” Hesseltine lives with her husband and performs some household tasks, but reported that she could not walk more than a block without needing to rest and could lift a gallon of milk at a maximum. Hesseltine applied for disability insurance benefits. An ALJ denied the application, finding that her combination of impairments did not meet or medically equal a listed impairment in 20 C.F.R. 404, and that there were jobs in the economy that Hesseltine could perform. The Eighth Circuit remanded; the ALJ failed to sufficiently address whether her impairments medically equal Listing 12.05C. View "Hesseltine v. Colvin" on Justia Law

K.S. is biracial and has been diagnosed with Asperger Syndrome, obsessive compulsive disorder, mood disorder, adjustment disorder, and Tourette's syndrome. K.S. was a freshman and sophomore at Cedar Rapids Kennedy High School 2010-12. K.S. is gifted academically, with a full scale IQ of 123. She excels in math and science; successfully took several advanced placement classes, and was involved in show choir, the school musical, and volleyball. K.S. received special education and services under an individualized education program (IEP) as required by the Individuals with Disabilities Education Act, 20 U.S.C. 1400. The district provided K.S. with one-on-one paraprofessional support throughout the school day. K.S. could return to a special classroom at any time and could use that classroom to take tests in a quiet environment. During winter break, K.S. was raped K.S. returned to class and to participation in the school's show choir in January 2012, but experienced unsettling social interactions with peers and other emotional disappointments during the semester; her IEP was amended to add paraprofessional support for K.S.'s extracurricular activities. K.S. did not make the cut for show choir. Her parents eventually removed K.S. to a private school and filed suit under 42 U.S.C. 1983. The Eighth Circuit rejected their claims, finding that the district had provided a Free Appropriate Public Education. View "Sneitzer v. Iowa Dept. of Educ." on Justia Law

K.S. is biracial and has been diagnosed with Asperger Syndrome, obsessive compulsive disorder, mood disorder, adjustment disorder, and Tourette's syndrome. K.S. was a freshman and sophomore at Cedar Rapids Kennedy High School 2010-12. K.S. is gifted academically, with a full scale IQ of 123. She excels in math and science; successfully took several advanced placement classes, and was involved in show choir, the school musical, and volleyball. K.S. received special education and services under an individualized education program (IEP) as required by the Individuals with Disabilities Education Act, 20 U.S.C. 1400. The district provided K.S. with one-on-one paraprofessional support throughout the school day. K.S. could return to a special classroom at any time and could use that classroom to take tests in a quiet environment. During winter break, K.S. was raped K.S. returned to class and to participation in the school's show choir in January 2012, but experienced unsettling social interactions with peers and other emotional disappointments during the semester; her IEP was amended to add paraprofessional support for K.S.'s extracurricular activities. K.S. did not make the cut for show choir. Her parents eventually removed K.S. to a private school and filed suit under 42 U.S.C. 1983. The Eighth Circuit rejected their claims, finding that the district had provided a Free Appropriate Public Education. View "Sneitzer v. Iowa Dept. of Educ." on Justia Law