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Bough v. Berryhill

United States Court of Appeals For the Eighth Circuit
Mar 20, 2017
No. 16-2042 (8th Cir. Mar. 20, 2017)

Opinion

No. 16-2042

03-20-2017

Tamara Bough Plaintiff - Appellant v. Nancy A. Berryhill, Acting Commissioner of Social Security Defendant - Appellee


Appeal from United States District Court for the Western District of Missouri - Springfield [Unpublished] Before RILEY, ARNOLD, and COLLOTON, Circuit Judges. PER CURIAM.

Tamara Bough appeals the district court's order affirming the denial of supplemental security income. We agree with the district court that the Commissioner's decision is supported by substantial evidence on the record as a whole. See Igo v. Colvin, 839 F.3d 724, 728 (8th Cir. 2016) (de novo review). Specifically, we conclude that the administrative law judge's (ALJ's) adverse credibility determination is entitled to deference, given that it was supported by several valid reasons, see Mabry v. Colvin, 815 F.3d 386, 389 (8th Cir. 2016) (this court defers to ALJ's credibility determination if it is supported by good reasons and substantial evidence); and that the ALJ's determination as to Ms. Bough's residual functional capacity (RFC) was also proper, see Hensley v. Colvin, 829 F.3d 926, 931-32 (8th Cir. 2016) (it is claimant's burden to demonstrate RFC; RFC must be determined based on all relevant evidence, including medical records, observations of treating physicians and others, and claimant's own description of her limitations). The judgment of the district court is affirmed.

The Honorable Sarah W. Hays, United States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

Ms. Bough does not challenge the denial of disability insurance benefits, see Hacker v. Barnhart, 459 F.3d 934, 937 n.2 (8th Cir. 2006) (where party does not raise or address issue in brief, issue is waived); and she has also waived her remaining arguments for reversal, see Gragg v. Astrue, 615 F.3d 932, 938 (8th Cir. 2010) (because claimant did not challenge certain of ALJ's findings in district court, issues were waived at appellate level unless claimant showed manifest injustice would otherwise result); Ahlberg v. Chrysler Corp., 481 F.3d 630, 634 (8th Cir. 2007) (points not meaningfully argued in opening brief are waived). --------


Summaries of

Bough v. Berryhill

United States Court of Appeals For the Eighth Circuit
Mar 20, 2017
No. 16-2042 (8th Cir. Mar. 20, 2017)
Case details for

Bough v. Berryhill

Case Details

Full title:Tamara Bough Plaintiff - Appellant v. Nancy A. Berryhill, Acting…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Mar 20, 2017

Citations

No. 16-2042 (8th Cir. Mar. 20, 2017)

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To the extent there may have been probable cause of another offense, that argument is waived. Bough v.…

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Therefore, any such argument is waived. See Bough v. Berryhill, 681 F. App'x 561, 561 n.3 (8th Cir. 2017)…