United States v. Wesley Running Shield

09-1634Court of Appeals for the Eighth CircuitMay 28, 2010

Full text

1The Honorable Jean C. Hamilton, United States District Court Judge for the
Eastern District of Missouri, adopting the report and recommendations of the
Honorable Lewis M. Blanton, United States Magistrate Judge for the Eastern District
of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 09-3215
___________
Jennie D. Rhodes, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Michael J. Astrue, Commissioner of *
Social Security, * [UNPUBLISHED]
*
Appellee. *
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Submitted: May 6, 2010
Filed: May 12, 2010
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Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
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PER CURIAM.
Jennie Rhodes appeals from the order of the District Court 1 affirming the Social
Security Commissioner’s decision—issued after a hearing before an administrative
law judge (ALJ) and consistent with the ALJ’s decision—denying Rhodes’s May
2005 application for supplemental security income. Following careful de novo

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review, see Halpin v. Shalala, 999 F.2d 342, 345–46 (8th Cir. 1993) (explaining that
court of appeals reviews mixed questions of law and fact de novo, even where
claimant failed to object to the magistrate judge's factual findings), we conclude that
the Commissioner’s decision is supported by substantial evidence on the record as a
whole, see Tilley v. Astrue, 580 F.3d 675, 679 (8th Cir. 2009) (noting that affirmance
is warranted where the ALJ’s decision is supported by substantial evidence on the
record as a whole).
Accordingly, we affirm.
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