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Beiermann v. McMahon

United States Court of Appeals, Eighth Circuit
Feb 16, 2007
216 F. App'x 606 (8th Cir. 2007)

Opinion

No. 05-4404.

Submitted: January 31, 2007.

Filed: February 16, 2007.

Appeal from the United States District Court for the District of Nebraska.

Stephen Speicher, Lincoln, NE, for Appellant.

Sally Renee Johnson, Ellyn Grant, Asst. U.S. Attorney, U.S. Attorney's Office, Omaha, NE, for Appellee.

Before WOLLMAN, MURPHY, and BYE, Circuit Judges.



[UNPUBLISHED]


Gregge S. Beiermann appeals the district court's order affirming the denial of supplemental security income and disability insurance benefits. In Beiermann's September 2001 applications and related documents, he alleged disability since early 2001 from, inter alia, atypical arthritis, a hearing impairment, fibromyalgia, fatigue, and depression. After a hearing, an administrative law judge (ALJ) determined that Beiermann's severe medically determinable impairments were not of listing-level severity, alone or combined; that Beiermann's testimony about his limitations was not entirely credible; and that while his residual functional capacity (RFC) precluded his past relevant work, he could perform other jobs that a vocational expert identified in response to a hypothetical. The Appeals Council denied review, the district court affirmed, and Beiermann filed the instant appeal.

The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.

Having carefully reviewed the record and considered Beiermann's arguments for reversal, we reject his challenges to the ALJ's credibility and RFC findings, and to the sufficiency of the hypothetical. See Hacker v. Barnhart, 459 F.3d 934, 936 (8th Cir. 2006) (standard of review; ALJ's task is to resolve credibility issues and conflicting evidence); Stormo v. Barnhart, 377 F.3d 801, 807-09 (8th Cir. 2004) (in determining RFC, ALJ should consider medical records, observations of treating physicians and others, and claimant's own description of his limitations; hypothetical is sufficient if it sets forth impairments supported by substantial evidence and accepted as true by ALJ). Accordingly, we affirm.


Summaries of

Beiermann v. McMahon

United States Court of Appeals, Eighth Circuit
Feb 16, 2007
216 F. App'x 606 (8th Cir. 2007)
Case details for

Beiermann v. McMahon

Case Details

Full title:Gregge S. BEIERMANN, Appellant, v. Linda S. McMAHON, Acting Commissioner…

Court:United States Court of Appeals, Eighth Circuit

Date published: Feb 16, 2007

Citations

216 F. App'x 606 (8th Cir. 2007)