Robert K. Baker v. Carolyn W. Colvin, Acting Commissioner of Social Security

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-2025
___________________________
Robert K. Baker
lllllllllllllllllllll Plaintiff - Appellant
v.
Carolyn W. Colvin, Acting Commissioner of Social Security
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the Western District of Arkansas - Harrison
____________
Submitted: February 3, 2017
Filed: February 8, 2017
[Unpublished]
____________
Before SMITH, ARNOLD, and COLLOTON, Circuit Judges.
____________
PER CURIAM.

-- 1 of 2 --

Robert K. Baker appeals the district court’s order affirming the denial of1
disability insurance benefits and supplemental security income. We agree with the
district court that substantial evidence supports the administrative law judge’s (ALJ’s)
determinations that Mr. Baker’s borderline intellectual functioning/mild mental
retardation did not meet the requirements of Listing 12.05C, and was not a severe
impairment. See Igo v. Colvin, 839 F.3d 724, 728 (8th Cir. 2016) (reviewing de novo
district court’s affirmance, examining whether ALJ’s decision is supported by
substantial evidence on record as whole); Lott v. Colvin, 772 F.3d 546, 549-50 (8th
Cir. 2014) (Listing 12.05C’s requirements); McDade v. Astrue, 720 F.3d 994, 1001
(8th Cir. 2013) (claimant bears burden of establishing that his impairment meets all
specified criteria of listing); Kirby v. Astrue, 500 F.3d 705, 707-08 (8th Cir. 2007)
(claimant bears burden of showing impairment is severe, i.e., that it has more than
minimal effect on his ability to work, at step two of the sequential evaluation process).
We also agree with the district court that Social Security Ruling (SSR) 82-63
(Medical-Vocational Profiles Showing an Inability to Make an Adjustment to Other
Work) does not apply in this case. The judgment of the district court is affirmed.
______________________________
The Honorable Mark E. Ford, United States Magistrate Judge for the Western1
District of Arkansas, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
-2-

-- 2 of 2 --