Sharee Harrell v. Andrew Saul
Sharee Harrell v. Andrew Saul
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 19-3002 ___________________________
Sharee Harrell
lllllllllllllllllllllPlaintiff - Appellant
v.
Andrew Saul, Commissioner of Social Security Administration
lllllllllllllllllllllDefendant - Appellee ____________
Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro ____________
Submitted: April 21, 2020 Filed: April 24, 2020 [Unpublished] ____________
Before BENTON, WOLLMAN, and GRASZ, Circuit Judges. ____________
PER CURIAM. Sharee Harrell appeals following the district court’s1 affirmance of a decision denying her disability insurance benefits and supplemental security income. We agree with the district court that substantial evidence in the record as a whole supports the Commissioner’s decision. See Swink v. Saul, 931 F.3d 765, 769 (8th Cir. 2019) (de novo review). Specifically, we defer to the ALJ’s credibility determination, see id. at 771 (this court will not substitute its opinion for ALJ’s, who is in better position to gauge credibility and resolve conflicting evidence); and we find that Harrell did not meet her burden of demonstrating more limitations than those included in the ALJ’s residual functional capacity (RFC) determination, see Perks v. Astrue, 687 F.3d 1086, 1092 (8th Cir. 2012) (burden of persuasion to demonstrate RFC and prove disability remains on claimant). The judgment is affirmed. ______________________________
1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas.
-2-
Reference
- Status
- Unpublished