Xiaoyong O'Neal v. Carolyn Colvin, No. 16-3594 (8th Cir. 2017)

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Court Description: Per Curiam - Before Benton, Bowman and Shepherd, Circuit Judges] Civil case - Social Security. Denial of benefits affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3594 ___________________________ Xiaoyong An O'Neal lllllllllllllllllllll Plaintiff - Appellant v. Nancy A. Berryhill,1 Acting Commissioner of Social Security; SSA Office of General Counsel lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________ Submitted: June 29, 2017 Filed: July 6, 2017 [Unpublished] ____________ Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. 1 Nancy A. Berryhill has been appointed to serve as Acting Commissioner of Social Security, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c). Xiaoyong An O’Neal appeals an order of the district court2 affirming the Commissioner’s denial of supplemental security income (SSI) following a hearing before an administrative law judge (ALJ). O’Neal argues that the ALJ erred in determining that she is financially ineligible to receive SSI benefits because she is a single individual with “countable resources” in excess of the statutory $2,000 limit. See 42 U.S.C. § 1382(a); 20 C.F.R. § 416.1201. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Following de novo review, this court finds no legal error and concludes that substantial evidence in the record as a whole supports the ALJ’s determination. See Draper v. Colvin, 779 F.3d 556, 559 (8th Cir. 2015). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 2 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the Honorable John M. Bodenhausen, United States Magistrate Judge for the Eastern District of Missouri. -2-

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