Fentress v. Colvin, No. 16-1933 (8th Cir. 2017)
Annotate this CasePlaintiff appealed the partial denial of his applications for disability insurance benefits (DIB) and supplemental security income (SSI). Plaintiff suffers from asthma, chronic obstructive pulmonary disease, high blood pressure, depression, hepatitis C, diabetes, liver damage, hepatomegaly, uveitis of the left eye, coronary artery disease, and degenerative disc disease. In this case, the Commissioner concluded that plaintiff was able to perform light work, with limitations, for a period of time before he became disabled under the Guidelines, after the Commissioner reviewed the entire record and considered the objective test results, plaintiff's subjective reports and complaints of pain, as well as the opinions of treating and consulting physician. The court found that the Commissioner's determination was within a reasonable "zone of choice." Because the Commissioner's decision to deny benefits prior to August 24, 2012, was supported by substantial evidence on the record as a whole, the court affirmed the judgment.
Court Description: Sippel, Author, with Smith, Chief Judge, and Kelly, Circuit Judge] Civil case - Social Security. The ALJ and the Appeals Council did not err in finding claimant was not disabled for a period of time for which he sought benefits; it was not error to assign little weight to the treating physician's opinion that claimant was incapable of gainful employment in light of the short time the doctor had treated claimant and the other evidence in the case, including claimant's daily activities; the record as a whole supports the Commissioner's Residual Functional Capacity determination and the decision to discount the doctor's opinion.
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