Disability Law Blog

Randolph v. Barnhart, No. 03-3582, __ F.3d __ (8th Cir. Sept. 13, 2004)

The 8th Circuit, in an opinion by Circuit Judge Pasco Bowman, affirms the Commissioner's denial of Randolph's claim for benefits. Among other things, Randolph contended that the ALJ improperly discredited the treating physcian's opinion. The Court found that the ALJ did not err because the treating physician's opinion addressed an issue reserved to the Commissioner (and, thus, was not entitled to controlling weight), was based on only three visits, and was not supported by substantial evidence, particularly with respect to the treating physician's finding that the claimant suffered repeated episodes of decompensation in the workplace.

Potentially interesting side note:   The case was initially heard by an ALJ in Louisiana, a Fifth Circuit state. The claimant moved to Nebraska while the case was pending at the Appeals Council. The Court found that the ALJ in the Fifth Circuit was not bound to apply the Eighth Circuit's Polaski factors for evaluating crediblity.

Hilkemeyer v. Barnhart, No. 03-2440, __ F.3d __ (8th Cir. Aug. 26, 2004)

The Eighth Circuit, in an opinion by Senior Circuit Judge Pasco Bowman, affirmed denial of SSI benefits. The ALJ found that the claimant had a severe affective disorder but that diagnoses of PTSD, OCD and dysthymia were either non-severe or not corroborated by clinical evidence:

The record evidence shows that the only consistent diagnosis from Hilkemeyer's treating sources was affective disorder; thus the ALJ was justified in rejecting diagnoses of other mental disorders by sources who conducted a single examination of Hilkemeyer, and whose conclusions seemed to be based solely upon her subjective complaints.

The ALJ correctly determined that she did not meet listing 12.04, and substantial evidence supported the ALJ's finding that she could perform medium or light work.