Flynn v. Chater

No. 96-1982 (8th Cir. Feb. 25, 1997). ; Clearinghouse Number: 52202

Description

Claim for Children’s and Adult Disability Benefits Was Not Supported by Substantial Evidence

Abstract

Affirming, the Eighth Circuit has held that appellant’s claim for disability benefits was not supported by substantial evidence. In 1978, as a child, appellant suffered injuries in an automobile accident that resulted in sporadic pain in his foot, ankle, leg, hip, back, and neck. Appellant also has a learning disability and was placed in special education classes during his childhood. His 1980 and 1987 applications for SSI disability benefits were denied, as was a 1993 application he filed as an adult. Affirming the denials, the administrative law judge (ALJ) found that, although appellant had had severe impairments as a child, they were not comparable to those that would have disabled an adult. In addition, the ALJ held that appellant’s impairments did not meet or equal the listings and that he could perform work, and therefore was not disabled as an adult. Affirming, the court of appeals rejected appellant’s argument that the ALJ had failed to include all of appellant’s impairments in questioning the vocational expert. Noting the ALJ’s finding that many of appellant’s problems were due to a "lack of motivation," the court held that it was not error for the ALJ to limit his hypothetical question to the vocational expert to only those impairments which the ALJ accepted as true. The court also rejected appellant’s argument that the ALJ had improperly applied the credibility analysis mandated by Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984). The court found that it is perfectly appropriate for an ALJ to finding a claimant’s testimony to be credible but to disagree with the claimant’s ultimate conclusion of disability as derived from that testimony.

Additional Information

Docket Date
1997-02-25 00:00:00+00:00

Files

Filed under: