Robert Cantrell v. Nancy A. Berryhill, No. 16-4375 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Civil case - Social Security. The ALJ's residual functional capacity determination was supported by substantial evidence on the record as a whole.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4375 ___________________________ Robert G. Cantrell, On behalf of Scharlie Anne Cantrell lllllllllllllllllllll Plaintiff - Appellant v. Nancy A. Berryhill, Acting Commissioner of Social Security Administration lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: July 26, 2017 Filed: July 27, 2017 [Unpublished] ____________ Before WOLLMAN, LOKEN, and BENTON, Circuit Judges. ____________ PER CURIAM. Robert G. Cantrell, on behalf of his deceased daughter Scharlie Cantrell, appeals the district court’s1 order upholding the denial of disability insurance benefits 1 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. and supplemental security income. Having jurisdiction under 42 U.S.C. § 405(g), this court affirms. Cantrell raises specific challenges to an administrative law judge’s (ALJ’s) residual functional capacity (RFC) determination. He asserts that the ALJ erred by not adopting the RFC opinion of a treating psychologist, and objects to the ALJ’s reliance on a vocational expert’s testimony in response to a hypothetical containing the challenged RFC determination finding Scharlie not disabled. This court agrees with the district court that substantial evidence on the record as a whole supports the adverse decision. See Harvey v. Colvin, 839 F.3d 714, 715 (8th Cir. 2016) (de novo review); Perks v. Astrue, 687 F.3d 1086, 1092 (8th Cir. 2012) (claimant has burden of establishing RFC; while RFC assessment draws from medical sources for support and must be supported by some medical evidence, it is ultimately administrative determination reserved to Commissioner); Perkins v. Astrue, 648 F.3d 892, 897 (8th Cir. 2011) (treating physician’s opinion does not automatically control, as record must be evaluated as whole). The judgment is affirmed. ______________________________ -2-
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