Filed: Sep. 22, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 22, 2004 Charles R. Fulbruge III Clerk No. 04-30278 Summary Calendar ROGERS J. MATTHEWS, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CV-1919 - Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Rogers J. Matth
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 22, 2004 Charles R. Fulbruge III Clerk No. 04-30278 Summary Calendar ROGERS J. MATTHEWS, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CV-1919 - Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Rogers J. Matthe..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 22, 2004
Charles R. Fulbruge III
Clerk
No. 04-30278
Summary Calendar
ROGERS J. MATTHEWS,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-1919
--------------------
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Rogers J. Matthews appeals the denial of his application for
Social Security disability benefits alleging that he was disabled
because of chronic gout in his right hip and knee. Matthews
argues that the ALJ erred in determining that he retained a
residual functional capacity (“RFC”) to do light work. He also
argues that a vocational expert’s (“VE”) report relied on by the
ALJ in making that determination was deficient.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-30278
-2-
The objective medical evidence in the administrative record
shows that Matthews did suffer pain as a result of his gout
condition but that he sought treatment only sporadically. There
were long periods of time where Matthews sought no treatment at
all. His condition was being successfully treated through
medication and his occasional flare-ups responded well to
injections of anti-inflammatory and pain-relieving drugs. No
treating physician ever indicated that Matthews could not work or
that he was disabled. The Commissioner’s determination that
Matthews retained an RFC for light work is supported by
substantial evidence in the record as a whole. See Ripley v.
Chater,
67 F.3d 552, 557 (5th Cir. 1995).
Finally, Matthews did not challenge the VE’s report at the
administrative hearing level. Thus, we decline to reverse the
Commissioner’s decision on the basis of any alleged deficiencies
in the VE’s report. See Carey v. Apfel,
230 F.3d 131, 146-47
(5th Cir. 2000). We will not consider Matthews’ argument, raised
for the first time in his reply brief, that Carey is inapposite
to this case. See Yohey v. Collins,
985 F.2d 222, 225 (5th Cir.
1993).
AFFIRMED.