Peter C. BRACHTEL, Appellant, v. Kenneth S. APFEL, Comm'r of Soc. Sec. Comm'n, Appellee, 132 F.3d 417 (8th Cir. 1997). · Go Syfert
Peter C. BRACHTEL, Appellant, v. Kenneth S. APFEL, Comm'r of Soc. Sec. Comm'n, Appellee, 132 F.3d 417 (8th Cir. 1997). Cases Citing This Book View Copy Cite
“the law of the case doctrine ... applies to administrative agencies on remand. thus, if the district court actually found that needed to lie down, the alj would be bound by that finding.”
120 citation events (91 in the last 25 years) across 26 distinct courts.
Strongest positive: Survilla v. Kijakazi (nynd, 2022-02-07)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Survilla v. Kijakazi
N.D.N.Y. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the 'law of the case' doctrine . . . applies to administrative agencies on remand.
discussed Cited as authority (verbatim quote) Paolini v. Saul (2×) also: Cited as authority (rule)
N.D.N.Y. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the law of the case doctrine ... applies to administrative agencies on remand. thus, if the district court actually found that needed to lie down, the alj would be bound by that finding.
discussed Cited as authority (verbatim quote) VANDER MOLEN v. Astrue (2×) also: Cited as authority (rule)
S.D. Iowa · 2009 · quote attribution · 1 verbatim quote · confidence high
f the district court actually found that needed to lie down, the alj would be bound by that finding.
examined Cited as authority (verbatim quote) Brown v. Astrue (3×) also: Cited as authority (rule), Cited "see"
N.D. Tex. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
the district court knew its original intent in remanding the ease, and we will defer to the district court's construction of its own order.
discussed Cited as authority (rule) Williams v. Commissioner of Social Security (2×)
S.D. Miss. · 2025 · confidence medium
Tex. 2009) (citing Brachtel v. Apfel, 132 F.3d 417, 420 (8th Cir. 1997)); see also Hollins v. Massanari, 49 F. App’x 533, 535 (6th Cir. 2002) (holding law of the case doctrine inapplicable in sentence-four remand where the district court made no final decision on the merits regarding claimant’s physical impairments) (emphasis added).
discussed Cited as authority (rule) Crabar/GBF, Inc. v. Mark Wright
8th Cir. · 2025 · confidence medium
Co., 694 F.3d 935, 947 (8th Cir. 2012) (“[W]e will defer to the [d]istrict [c]ourt’s construction of its own order.” (quoting Brachtel v. Apfel, 132 F.3d 417, 420 (8th Cir. 1997))); see also Abellan v. Lavelo Prop.
discussed Cited as authority (rule) Cook v. O'Malley
E.D. Va. · 2025 · confidence medium
Varga, 794 F. 3d at 814-15 (emphasis added).”° 2 See also Brachtel v. Apfel, 132 F. 3d 417, 421 (8th Cir. 1997) (ALJ adequately accounted for concentration, persistence, or pace deficiencies where ALJ noted “various examinations indicate that the claimant demonstrates few concentration deficits and has a good memory” and “[i]n addition to the ability to do only simple work, the ALJ’s hypothetical specifically limited concentration (work “which does not require close attention to detail” and pace (“should not work at more than a regular pace”)).
discussed Cited as authority (rule) Walker v. Social Security Administration Commissioner
W.D. Ark. · 2024 · confidence medium
See Scott v. Berryhill, 855 F.3d 853, 857 (8th Cir. 2017) (citing Howard v. Massanari, 255 F.3d 577, 581-582 (8th Cir. 2001)); Bractel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997); Hughes v. Colvin, 2016 WL 7444961 , at *5 (W.D.
discussed Cited as authority (rule) Schwickerath v. Commissioner of Social Security
N.D. Iowa · 2024 · confidence medium
Neb. 2015); Rush v. Barnhart, 432 F. Supp. 2d 969, 1005 (D.N.D. 2006). 3 Brachtel v. Apfel, 132 F.3d 417, 419-20 (8th Cir. 1997). a case for further consideration.”4 This includes any “issue[] actually decided, either implicitly or explicitly . . . . ”5 The Eighth Circuit has recognized that the ALJ on remand is not necessarily bound by the original ALJ’s findings, depending on the court’s remand order.6 Here, on remand, the ALJ must provide additional reasons for the persuasiveness of a medical opinion (that if fully adopted, would result in a finding of disability) and obtain addit…
cited Cited as authority (rule) Watts v. Commissioner of Social Security
S.D. Ohio · 2024 · confidence medium
The classification is written in the disjunctive.”) (quoting Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997)).
examined Cited as authority (rule) Catherine Bradford v. Kilolo Kijakazi (3×) also: Cited "see"
8th Cir. · 2024 · confidence medium
“The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings . . . .” Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir. 1997) (internal quotation omitted).
examined Cited as authority (rule) Harrison v. Social Security Administration Commissioner (3×) also: Cited "see"
W.D. Ark. · 2024 · confidence medium
(ECF No. 12, p. 5) citing Howard v. Massnari, 255 F.3d 577, 582 (8th Cir. 2001); Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997).
cited Cited as authority (rule) Thomas v. Commissioner of Social Security
N.D. Iowa · 2023 · confidence medium
This doctrine applies to administrative agencies on remand.” Hulsey v. Astrue, 622 F.3d 917, 924 (8th Cir. 2010) (citing Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir. 1997)).
discussed Cited as authority (rule) Leonard v. Social Security Administration
E.D. Ark. · 2023 · confidence medium
Citing Newton v. Chater, 92 F.3d 688 (8th Cir. 1996),8 and Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997), Leonard argues that the hypothetical question posed 7 The relevant regulation, SSR 96-8p, acknowledges this difference: “The adjudicator must remember that the limitations identified in the ‘paragraph B’ and ‘paragraph C’ criteria are not an RFC assessment but are used to rate the severity of mental impairment(s) at steps 2 and 3 of the sequential evaluation process.” See also Berry v. Berryhill, No. 3:17cv245 PSH (E.D.
discussed Cited as authority (rule) Gorman v. Kijakazi
D. Neb. · 2022 · confidence medium
“The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier pleadings.” Aguiniga v. Colvin, 833 F.3d 896, 901 (8th Cir. 2016) (quoting Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir. 1997)).
discussed Cited as authority (rule) Smith v. S.S. Disability
E.D. Mo. · 2022 · confidence medium
See, e.g., Chismarich v. Berryhill, 888 F.3d 978, 980 (8th Cir. 2018) (RFC restricting a claimant to “work at a normal pace without production quotas” was consistent with the claimant's moderate limitation in concentration, persistence, or pace); Rhinehart v. Saul, 776 F. App'x 915 , 916 (8th Cir. 2019) (hypothetical including limitation to “simple, routine, [and] repetitive tasks” that “require minimal training” adequately accounted for moderate limitation in concentration, persistence, or pace); Howard v. Massanari, 255 F.3d 577, 582 (8th Cir. 2001) (hypothetical concerning a cla…
discussed Cited as authority (rule) Martinez v. Social Security Administration Commissioner
W.D. Ark. · 2022 · confidence medium
See, e.g., Scott v. Berryhill, 855 F.3d 853, 857 (8th Cir. 2017) (citing Howard v. Massanari, 255 F.3d 577, 581-582 (8th Cir. 2001)); Bractel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997); Hughes v. Colvin, 2016 WL 7444961 , at *5 (W.D.
discussed Cited as authority (rule) Johnson v. Kijakazi (2×) also: Cited "see"
E.D. Mo. · 2021 · confidence medium
Chismarich v. Berryhill, 888 F.3d 978, 980 (8th Cir. 2018) (RFC restricting a claimant to “work at a normal pace without production quotas” was consistent with the claimant's moderate limitation in concentration, persistence, or pace); Rhinehart v. Saul, 776 F. App'x 915 , 916 (8th Cir. 2019) (hypothetical including limitation to “simple, routine, [and] repetitive tasks” that “require minimal training” adequately accounted for moderate limitation in concentration, persistence, or pace); Howard v. Massanari, 255 F.3d 577, 582 (8th Cir. 2001) (hypothetical concerning a claimant who i…
discussed Cited as authority (rule) Watt v. Kijakazi
N.D.N.Y. · 2021 · confidence medium
However, the “law of the case doctrine,” which typically applies to administrative agencies on remand, “prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings.” 13 Diana P., 2020 WL 3971536 , at *6 (quoting Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir. 1997)); see Gladle v. Astrue, No. 7:12-CV-284 (NAM), 2013 WL 4543147 , at *3 (N.D.N.Y.
discussed Cited as authority (rule) Esters v. KIJAKAZI
E.D. Mo. · 2021 · confidence medium
See, e.g., Rhinehart v. Saul, 776 F. App’x 915 , 916 (8th Cir. 2019) (holding that a limitation to “simple, routine, [and] repetitive tasks” that “require minimal training” adequately accounted for moderate limitation in concentration, persistence, or pace); Chismarich v. Berryhill, 888 F.3d 978, 980 (8th Cir. 2018) (holding that moderate difficulties in concentration, persistence, or pace are consistent with being able to understand, remember, and carry out simple instructions while performing non-detailed tasks); Howard v. Massanari, 255 F.3d 577, 582 (8th Cir. 2001) (holding that …
discussed Cited as authority (rule) Murphy v. Social Security Administration
E.D. Ark. · 2021 · confidence medium
This Court and the Eighth Circuit, have held differently.4 See Brachtel v. Apfel, 132 F.3d. 417, 421 (8th Cir. 1997)(distinguishing Newton, the Court found that a hypothetical limiting the claimant to simple, routine, repetitive work, which did not require close attention to detail, and did not require more than a regular work pace, to be sufficient); Chismarich v. Berryhill, 888 F.3d 978, 980 (8th Cir. 2018)(moderate difficulties in concentration, persistence, or pace are consistent with being able to understand, remember, and carry out simple instructions while performing non-detailed tasks)…
cited Cited as authority (rule) Roffle v. Saul
E.D. Mo. · 2021 · confidence medium
Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir.1997).
discussed Cited as authority (rule) Goudeau v. Saul (2×) also: Cited "see"
E.D. Mo. · 2020 · confidence medium
Chismarich, 888 F.3d at 980 ; see also Rhinehart v. Saul, 776 F. App’x 915 , 916 (8th Cir. 2019) (hypothetical including limitation to “simple, routine, [and] repetitive tasks” that “require minimal training” adequately accounted for moderate limitation in concentration, persistence, or pace); Howard v. Massanari, 255 F.3d 577, 582 (8th Cir. 2001) (hypothetical concerning a claimant who is capable of doing simple, repetitive, routine tasks adequately captured the individual’s deficiencies in concentration, persistence or pace); Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997) (…
discussed Cited as authority (rule) Dunscombe v. Saul
E.D. Mo. · 2020 · confidence medium
(Tr. 21.) Duncombe contends that this was reversible error because Dr. Krishnamurthi did not testify that his opinion was based on Dr. 3 “The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings.” Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir. 1997). 4 Dr. Krishnamurthi’s name is written incorrectly in the transcript as “Christian Amooti.” (Tr. 29-44.) Shetty’s medical source statement and it would not be improper to do so in any event.
discussed Cited as authority (rule) Cain v. Saul
E.D. Mo. · 2020 · confidence medium
Newton, 92 F.3d at 695 . 24 However, in Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997), the Eighth Circuit distinguished Newton by holding that when the ALJ includes additional limitations, such as the plaintiff cannot engage in work requiring “close attention to detail” or at “more than a regular pace,” the ALJ sufficiently encompasses deficiencies in concentration, persistence or pace.
discussed Cited as authority (rule) Salkic v. Berryhill
E.D. Mo. · 2020 · confidence medium
See Howard, 255 F.3d at 582 (ALJ’s hypothetical concerning someone who is capable of doing simple, routine tasks adequately captures claimant’s deficiencies in concentration, persistence, or pace); Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997) (hypothetical that included the ability to do only simple routine tasks that do not require close attention to detail or work at more than regular pace is enough to distinguish case from Newton); King v. Berryhill, 2019 WL 1200334 , at *8 (E.D.
discussed Cited as authority (rule) Roper v. Social Security Administration
D.N.M. · 2019 · confidence medium
Complying with a Court’s Remand “[T]he administrative agency, on remand from a court, [is required] to conform its further proceedings in the case to the principles set forth in the judicial decision, unless there is a compelling reason to depart.” Grigsby v. Barnhart, 294 F.3d 1215, 1218 (10th Cir. 2002) (quoting Wilder v. Apfel, 153 F.3d 799, 803 (7th Cir. 1998)) (citing Brachtel v. Apfel, 132 F.3d 417, 419-20 (8th Cir. 1997)).
discussed Cited as authority (rule) Robert Paul Dols v. Andrew M. Saul
8th Cir. · 2019 · confidence medium
Although the resolution of “conflicting evidence is within the province of the ALJ,” Brachtel v. Apfel, 132 F.3d 417, 420 (8th Cir. 1997), an ALJ may not discount opinions from “other sources” like Kaley just because the evidence is mixed, see 20 C.F.R. § 404.1527 (f)(1).
cited Cited as authority (rule) Goudy v. Berryhill
D.S.D. · 2018 · confidence medium
Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997).
discussed Cited as authority (rule) Nancy Harvey v. Carolyn W. Colvin
8th Cir. · 2016 · confidence medium
The district court concluded that the ALJ “properly considered. and accounted for” this limitation by limiting Harvey’s RFC to “simple, repetitive, and routine tasks” and by finding that she “cannot pay close attention to detail or use independent judgment,” citing our decisions in Howard v. Massanari, 255 F.3d 577, 581-82 (8th Cir. 2001), and Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997).
discussed Cited as authority (rule) Theresa Aguiniga v. Carolyn W. Colvin
8th Cir. · 2016 · confidence medium
In an order dated July 9, 2013, the Appeals Council very clearly states that it “hereby vacates the final decision of the Commissioner of Social Security and remands this case to an Administrative Law Judge for further proceedings consistent with the order of the court.” Nor does the law-of-the-case doctrine revive Aguiniga’s original application. “‘The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier pleadings.’ ” Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir. 1997) (quoting United States v…
discussed Cited as authority (rule) Brian Hartis v. Chicago Title Insurance Co.
8th Cir. · 2012 · confidence medium
According to the Hartises, the district court erroneously applied the February 27, 2009 deadhne to motions to amend the pleadings to their individual claims because it “completely ignored the opening line of its January 26, 2009 Order[,] stating, ‘The Court hereby enters the following scheduling order for briefing on Plaintiffs Motion for Class Certification.’” They also assert that this “order expressly provided that a subsequent scheduling order would be entered ‘for the merits phase of this case.’ ” In response, Chicago Title argues that the Hartises are essentially contendi…
discussed Cited as authority (rule) Parker v. Astrue
E.D.N.C. · 2011 · confidence medium
See e.g., Howard v. Massanari, 255 F.3d 577, 582 (8th Cir.2001) (“the ALJ’s hypothetical concerning someone who is capable of doing simple, repetitive, routine tasks adequately captures Howard’s deficiencies in concentration, persistence or pace” as well as “borderline intellectual functioning”); Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir.1997) (holding that a finding that a claimant “often” had deficiencies of concentration, persistence or pace, was adequately incorporated in a hypothetical which referred to the ability “to do only simple, routine repetitive work ... at […
discussed Cited as authority (rule) Hulsey v. Astrue (2×) also: Cited "see"
8th Cir. · 2010 · confidence medium
Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir.1997).
cited Cited as authority (rule) Thompson v. Astrue
S.D.N.Y. · 2008 · confidence medium
Bra-chtel v. Apfel, 132 F.3d 417, 419-20 (8th Cir.1997); Key v. Sullivan, 925 F.2d 1056, 1061 (7th Cir.1991); Ischay v. Barnhart, 383 F.Supp.2d at 1219 n. 9.
discussed Cited as authority (rule) Miller v. Barnhart
10th Cir. · 2006 · confidence medium
Brachtel v. Apfel, 132 F.3d 417, 420 (8th Cir.1997); Ruiz v. Apfel, 24 F.Supp.2d 1045, 1050 (C.D.Cal.1998); Richardson v. Apfel, 9 F.Supp.2d 666, 673 (N.D.Tex.1998); Geracitano v. Callahan, 979 F.Supp. 952, 957 (W.D.N.Y.1997).
discussed Cited as authority (rule) Hartman v. Social Security Admin.
D. Neb. · 2005 · confidence medium
See, e.g., Goose v. Apfel, 238 F.3d 981, 984 (8th Cir.2001) (one non-testifying, non-examining expert’s opinion cannot be considered substantial evidence to defeat the decision of the ALJ which is supported by substantial evidence); Brachtel v. Apfel, 132 F.3d 417, 420 (8th Cir.1997) (where, as in Hartman’s case, the district court remanded to develop a better record and on remand consultative psychiatrists and psychologists disagreed, the Court of Appeals affirmed the denial of benefits after the remand; the Court of Appeals held that “it is properly left to the fact-finder to weigh the…
cited Cited as authority (rule) Stanley v. SSA
D.N.H. · 2001 · confidence medium
May 10, 2001); Brachtel v. Apfe1 , 132 F.3d 417, 421 (8th Cir. 1997); Green v. Comm'r of Soc.
discussed Cited "see" Martinez v. Social Security Administration
E.D. Ark. · 2025 · signal: see · confidence high
See Mabry v. Colvin, 815 F.3d 386, 391 (8th Cir. 2016) (noting that the ALJ is “not required to accept every opinion given” but “must weigh all the evidence in the record”) (citing Brachtel v. Apfel, 132 F.3d 417, 420 (8th Cir. 1997)).
discussed Cited "see" Shannon Montgomery v. Martin O'Malley
8th Cir. · 2024 · signal: see · confidence high
See Bradford v. O’Malley, 104 F.4th 1055 , 1059 -4- (8th Cir. 2024) (“The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings . . . .” (quoting Brachtel v. Apfel, 132 F.3d 417, 419 (8th Cir. 1997))).
cited Cited "see" Ransom v. Saul
E.D. Mo. · 2022 · signal: see · confidence high
See Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997).
discussed Cited "see" Lawson v. Saul
E.D. Mo. · 2022 · signal: see · confidence high
See Brachtel v. Apfel, 132 F.3d 417 , 419–420 (8th Cir. 1997) (“[A]s long as there is evidence in the record to support the ALJ's finding that [the plaintiff’s] need to lie down was not credible, evidence which is present, the vocational expert's answer to a hypothetical without the lying-down impairment constitutes substantial evidence.”).
discussed Cited "see" Kohlbusch v. Kijakazi
E.D. Mo. · 2021 · signal: see · confidence high
See Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997) (holding that a hypothetical restriction including “scantly more” than the Newton hypothetical sufficiently described deficiencies of concentration, persistence, or pace).
cited Cited "see" Wade v. Social Security Administration
E.D. Ark. · 2020 · signal: see · confidence high
(Tr. at 327-328); see Brachtel v. Apfel, 132 F.3d. at 417, 421 (8th Cir. 1997). 7 RFC and the hypothetical question the ALJ posed to the VE.7 See Williams v. SSA, No. 2:18-CV-00174-BD (E.D.
discussed Cited "see" Austin v. Commissioner of Social Security
N.D. Iowa · 2020 · signal: see · confidence high
See Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997) (finding sufficient a hypothetical that included “scantly more than what was included in the Newton hypothetical”).
discussed Cited "see" Shatney v. Commissioner of Social Security Administration
D. Vt. · 2019 · signal: see · confidence high
Two legal doctrines require ALJs to follow remand orders of the court and the Appeals Council: (1) the doctrine of the law of the case, under which “a court is generally precluded from reconsidering an issue that has already been decided by the same court, or a higher court in the identical case,” Thomas v. Bible, 983 F.2d 152, 154 (9th Cir. 1993); see Brachtel v. Apfel, 132 F.3d 417 , 419–20 (8th Cir. 1997); and (2) the rule of mandate, which requires that “on remand, the lower court’s actions must be consistent with both the letter and the spirit of the higher court’s decision,�…
cited Cited "see" Mims v. Berryhill
D. Maryland · 2019 · signal: see · confidence high
See Brachtel v. Apfel, 132 F.3d 417, 419-20 (8th Cir. 1997).
discussed Cited "see" Commo v. Commissioner of Social Security Administration
D. Vt. · 2019 · signal: see · confidence high
Two legal doctrines require ALJs to follow remand orders of the court and the Appeals Council: (1) the doctrine of the law of the case, under which “a court is generally precluded from reconsidering an issue that has already been decided by the same court, or a higher court in the identical case,” Thomas v. Bible, 983 F.2d 152, 154 (9th Cir. 1993); see Brachtel v. Apfel, 132 F.3d 417 , 419–20 (8th Cir. 1997); and (2) the rule of mandate, which requires that “on remand, the lower court’s actions must be consistent with both the letter and the spirit of the higher court’s decision,�…
discussed Cited "see" Paul Scott v. Nancy A. Berryhill (2×)
8th Cir. · 2017 · signal: see · confidence high
See Brachtel v. Apfel, 132 F.3d 417, 421 (8th Cir. 1997) (finding sufficient a hypothetical that included “scantly more than what was included in the Newton hypothetical”).
cited Cited "see" Bryce Mabry v. Carolyn W. Colvin
8th Cir. · 2016 · signal: see · confidence high
See Brachtel v. Apfel, 132 F.3d 417, 420 (8th Cir.1997).
Retrieving the full opinion text from the archive…
54 soc.sec.rep.ser. 677, unempl.ins.rep. (Cch) P 15816b Peter C. Brachtel
v.
Kenneth S. Apfel, Commissioner of Social Security Commission, 1
97-1478.
Court of Appeals for the Eighth Circuit.
Dec 18, 1997.
132 F.3d 417
John A. Bowman, Davenport, IA, argued (Michael DePree, Davenport, IA on the brief), for appellant., Gary L. Hayward, Des Moines, IA, argued, for appellee.
Bowman, Murphy, Conmy.
Cited by 74 opinions  |  Published
BOWMAN, Circuit Judge.

Appellant Peter Brachtel appeals the judgment of the District Court [3] affirming the decision of the Commissioner of Social Security denying disability benefits. Bra-ehtel first applied for disability insurance benefits and Supplemental Security Income benefits in 1991. Brachtel’s applications were denied. An administrative law judge[*419] (ALJ) then conducted a hearing and issued a decision denying benefits. Braehtel appealed to the District Court, which reversed the decision, ruling that the ALJ’s decision was not supported by substantial evidence. The court remanded the case to the ALJ to create a full and proper record. Specifically, the District Court' found that the ALJ’s hypothetical question to the vocational expert was inadequate in several ways.

On remand, the ALJ again determined that Braehtel was not disabled and accordingly denied benefits. Braehtel again appealed to the District Court. This time the court held that the ALJ’s decision was supported by substantial evidence and affirmed the ALJ’s decision. This appeal followed.

I.

Braehtel argues that the hypothetical, upon which the ALJ relied in denying benefits, was defective because it failed to include: 1) the impairment requiring that Braehtel lie down frequently throughout the day; 2) certain impairments noted by consultative psychiatrists and psychologists; and 3) impairments that even the ALJ himself accepted as existing. We believe the- hypothetical was adequate.

We must affirm the judgment of the district court if there is substantial evidence on the record as a whole to support the decision of the ALJ. See Smith v. Shalala, 31 F.3d 715, 717 (8th Cir.1994). A vocational expert’s testimony constitutes substantial evidence only if that testimony is based on a proper hypothetical. See Pickney v. Chater, 96 F.3d 294, 296 (8th Cir.1996). A hypothetical is proper only if it includes all of the claimant’s relevant impairments. See Baugus v. Secretary of Health and Human Serv., 717 F.2d 443, 447 (8th Cir.1983). If the hypothetical does not relate all of a claimant’s impairments, the resulting testimony of the vocational expert cannot constitute substantial evidence to support the ALJ’s decision. See Ekeland v. Bowen, 899 F.2d 719, 722 (8th Cir.1990).

A. The Need To Lie Down

Braehtel first argues that the hypothetical upon which the ALJ relied failed to contain an assumption that Braehtel would need to lie down frequently throughout the day. At the first administrative hearing, there was evidence suggesting that Braehtel needed to lie down as á result of medication he took for headaches. The ALJ asked the vocational expert several hypotheticals, one of which included the need to lie down during the day. The vocational expert responded by stating that this impairment would eliminate the prospect of employment. The ALJ, however, found Brachtel’s need to lie down not credible and denied benefits by relying on a different hypothetical, one which did not include the lying-down impairment, wherein the vocational expert identified four jobs Braehtel could-perform. In its first opinion, the District Court stated:

It was similarly erroneous for the ALJ to dismiss the [vocational expertj’s testimony about the hypothetical encompassing the need to take naps. There is evidence on the record to suggest such a need would be present, and indeed, no evidence of record to contradict such an alleged need.... [T]he ALJ has a duty to develop the record completely....

Admin. Tr. at 614 (Mem. Op. of Dist. Ct.). At the hearing on remand, the ALJ again did not include the lying-down impairment in the hypothetical upon which he relied to deny benefits. On appeal, Braehtel argues that the above passage indicates that the District Court made a finding of fact regarding the lying-down impairment and, therefore, that the “law of the case” doctrine required the ALJ to include this impairment in the hypothetical.

“The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings.... ” United States v. Bartsh, 69 F.3d 864, 866 (8th Cir.1995). The “law of the case” doctrine also applies to administrative agencies on remand. See Rios-Pineda v. United States Dep’t of Justice, I.N.S., 720 F.2d 529, 532 (8th Cir.1983), rev’d on other grounds, [*420] 471 U.S. 444, 105 S.Ct. 2098, 85 L.Ed.2d 452 (1985); see also Chicago & N.W. Transp. Co. v. United States, 574 F.2d 926, 930 (7th Cir.1978). Thus, if the District Court actually found that Brachtel needed to lie down, the ALJ would be bound by that finding.

The "law of the case" doctrine is inapplicable here because the District Court did not actually decide (i.e., make a finding of fact) that Brachtel needed to lie down. First, the District Court did not specifically instruct the AU to proceed on remand based upon a finding of fact that Brachtel needed to lie down. The court simply instructed the .AUJ to create a full and proper record. Second, and more telling, had the District Court made the finding of fact, it would have reversed the AU's decision and mandated payment of benefits-not remanded to the AU for further proceedings. The vocational expert had already established, and it is not now disputed, that if Brachtel needed to lie down, there would be no employment opportunities available. With no employment opportunities, Brachtel would be eligible for benefits without the need for further inquiry; a remand would have been pointless. Finally, the District Court affirmed the AU's denial of benefits the second time around. In doing so, the District Court necessarily rejected the argument that the AU was compelled by its previous order to find that Brachtel needed to lie down throughout the day. See Admin. Tr. at 986 (Affirmance by Dist. Ct.). The District Court knew its original intent in remanding the case, and we will defer to the District Court's construction of its own order.

Because the “law of the ease” doctrine does not apply here, the ALJ was free to find facts concerning Brachtel’s need to lie down. Thus, as long as there is evidence in the record to support the ALJ’s finding that Braehtel’s need to lie down was not credible, evidence which is present, the vocational expert’s answer to a hypothetical without the lying-down impairment constitutes substantial evidence.

B. Consultative Examinations

Brachtel next argues that the ALJ failed to include in the hypothetical certain impairments noted by particular consultative psychiatrists and psychologists. Brachtel claims that the ALJ erred because he “offered] no cogent reason for characterizing these reports [made by consultative psychiatrists and consultative psychologists] as enlightening, and then failing to incorporate the precise restrictions that the reports themselves contained.” Appellant’s Br. at 27.

First, the precise meaning of the ALJ’s reference to the examination reports as “most enlightening” is not entirely clear. See Admin. Tr. at 470 (ALJ Decision Upon Remand). But given the context of the statement, it appears most likely that the ALJ characterized the reports as “most enlightening” because they illustrated Bra-chtel’s history of dishonest and manipulative statements regarding his alleged disabilities. See id. Second, and more important, it is properly left to the fact-finder to weigh the evidence provided by examining professionals. See Onstad v. Shalala, 999 F.2d 1232, 1234 (8th Cir.1993). These examining professionals disagreed on the extent to which Brachtel was disabled. The resolution of this conflicting evidence is within the province of the ALJ. It was certainly not error for the ALJ to make findings of fact more consistent with the report of one doctor, while finding the reports of other doctors useful in some respects.

C. Impairments Accepted By ALJ

Finally, Brachtel argues that the ALJ’s decision was not supported by substantial evidence because the hypothetical failed to set forth impairments that even the ALJ himself accepted as existing. On the “Psychiatric Review Technique Form” filled out by the ALJ and attached to his decision, the ALJ indicated that Brachtel would “Often” manifest “Deficiencies of Concentration, Persistence or Pace Resulting in Failure to Complete Tasks in a Timely Manner.” [4] Ad[*421] min. Tr. at 488. Brachtel contends that the hypothetical did not take into account these impairments.

To constitute substantial evidence, a hypothetical must set forth the impairments accepted as true by the ALJ. See Roberts v. Heckler, 783 F.2d 110, 112 (8th Cir.1985). In a case similar to the one at hand, this Court ruled that when an ALJ states that a claimant has impairments of concentration, persistence, or pace, the hypothetical must include those impairments. See Newton v. Chater, 92 F.3d 688, 696 (8th Cir.1996). In Newton, the ALJ stated on the Psychiatric Review Technique Form that the claimant “often” had deficiencies of concentration, persistence, or pace, but the hypothetical presented to the vocational expert merely limited the claimant’s capabilities to simple jobs. See id. The hypothetical did not specifically include impairments regarding concentration, persistence, or pace. We held that the reference to simple jobs in the hypothetical was not enough to constitute inclusion of such impairments. See id. This Court remanded with instructions to include the impairments of concentration, persistence, or pace in the hypothetical.

As a preliminary matter, it is significant to note that the ALJ did not necessarily attribute all three impairments — deficient concentration, persistence, and pace — to Brachtel. The classification is written in the disjunctive: “Deficiencies of Concentration, Persistence or Pace.” Admin. Tr. at 488 (emphasis added). This language suggests that when an ALJ puts a cheek mark in this block, he is not necessarily making a finding that the claimant has all three of these impairments. In fact, in this case the ALJ wrote in his report that “various examinations indicate that the claimant demonstrates few concentration deficits and has a very good memory.” Id. at 465 (ALJ Decision Upon Remand). The fact that the ALJ checked the “often" box for the “concentration, persistence or pace” category, yet acknowledged examination reports that did not regard Bra-chtel as being deficient in concentration, indicates that the ALJ read the classification in the disjunctive; the ALJ did not necessarily attribute all three impairments to Brachtel.

The hypothetical upon which the ALJ relied [5] included the ability “to do only simple routine repetitive work, which does not require close attention to detail.” Id. at 598 (Tr. óf Hr’g On Remand). Aso, the ALJ included the impairment that “[Brachtel] should not work at more than a regular pace.” Id. While this is scantly more than what was included in the Newton hypothetical, it is enough. In addition to the ability to do only simple work, the ALJ’s hypothetical specifically limited concentration (work “which does not require close attention to detail”) and pace (“should not work at more than a regular pace”). These specific limitations are supported by the record, and their inclusion in the hypothetical is enough to distinguish this case from Newton.

II.

The record as a whole supports the ALJ’s denial of benefits. The judgment of the District Court is affirmed.

3

. The Honorable Harold D. Vietor, United States District Judge for the District of Iowa.

4

. The ALJ made this designation on a multiple choice form.

5

. The Commissioner's brief mistakenly cites to a hypothetical upon which the ALJ did not base his decision.