Ronald Wayne Morton, Jr. v. Carolyn W. Colvin, No. 14-2185 (8th Cir. 2015)
Annotate this CaseCourt Description: Civil case - Social Security. Decision to deny benefits was supported by substantial evidence; claimant failed to establish that his conditions were severe impairments and there was no merit to his claim that the ALJ failed to develop the record on the impairments; the VE was not required to take into account claimant's nonexertional limitations as they did not significantly limit or diminish his residual functional capacity.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2185 ___________________________ Ronald Wayne Morton, Jr. lllllllllllllllllllll Plaintiff - Appellant v. Carolyn W. Colvin, Commissioner of Social Security lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________ Submitted: March 18, 2015 Filed: March 23, 2015 [Unpublished] ____________ Before BYE, COLLOTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Ronald Wayne Morton, Jr., appeals the district court’s1 order upholding the denial of supplemental security income and disability insurance benefits. We find that substantial evidence, including evidence the Appeals Council considered, supports the administrative law judge’s (ALJ’s) decision. See Van Vickle v. Astrue, 539 F.3d 825, 828 & n.2 (8th Cir. 2008). As to the issues Morton raises on appeal, we conclude that he failed to meet his burden of establishing that his anxiety, depression, or knee problems were severe impairments. See Kirby v. Astrue, 500 F.3d 705, 707-08 (8th Cir. 2007) (if impairment has no more than minimal effect on claimant’s ability to work, it does not qualify as severe). We also find no merit to Morton’s assertion that the ALJ failed to develop the record on his mental impairments and his knee and shoulder problems. See McCoy v. Astrue, 648 F.3d 605, 612 (8th Cir. 2011) (ALJ has duty to develop record, but duty is not neverending and ALJ is not required to disprove every possible impairment; ALJ is required to order medical tests and examinations only if medical records presented to him do not give sufficient medical evidence to determine if claimant is disabled). Finally, we disagree with Morton’s assertions that vocational expert testimony was required due to nonexertional limitations related to his depression, anxiety, and knee problems. See Ellis v. Barnhart, 392 F.3d 988, 996 (8th Cir. 2005) (where nonexertional impairments do not significantly limit or diminish claimant’s residual functional capacity to perform full range of activities listed in Medical-Vocational Guidelines, Commissioner may consult Guidelines to determine if claimant can make adjustment to other work). The judgment of the district court is affirmed. ______________________________ 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the Honorable David D. Noce, United States Magistrate Judge for the Eastern District of Missouri. -2-
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