Filed: Mar. 12, 1996
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-30494 Summary Calendar _ DON R. BROTHERTON, Plaintiff-Appellant, versus SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Louisiana (CA-92-1708) _ February 15, 1996 Before JOLLY, JONES and STEWART, Circuit Judges. PER CURIAM:* Don R. Brotherton (“Brotherton”) appeals the district court's grant of summary judgment to Shirley S. Chater, the
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-30494 Summary Calendar _ DON R. BROTHERTON, Plaintiff-Appellant, versus SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Louisiana (CA-92-1708) _ February 15, 1996 Before JOLLY, JONES and STEWART, Circuit Judges. PER CURIAM:* Don R. Brotherton (“Brotherton”) appeals the district court's grant of summary judgment to Shirley S. Chater, the C..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 95-30494
Summary Calendar
_______________________
DON R. BROTHERTON,
Plaintiff-Appellant,
versus
SHIRLEY S. CHATER,
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
(CA-92-1708)
_________________________________________________________________
February 15, 1996
Before JOLLY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
Don R. Brotherton (“Brotherton”) appeals the district
court's grant of summary judgment to Shirley S. Chater, the
Commissioner of Social Security, (“Commissioner”) denying
Brotherton’s application for social security disability benefits
and supplemental security income pursuant to the Social Security
Act (“the Act”). 42 U.S.C. 401, et seq. and 1381, et seq. Because
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
the decision of the Commissioner denying Brotherton’s application
is supported by substantial evidence, this court affirms.
BACKGROUND
Brotherton applied for disability insurance benefits in
January of 1989, complaining of physical incapacity due to a right
hip injury, degenerative arthritis in his right femur, degenerative
joint disease, and fibrositis, an equivalent of muscular
rheumatism. Brotherton was denied such benefits both initially and
upon reconsideration.
Before denying Brotherton’s application for benefits, the
administrative law judge (“ALJ”) conducted a hearing on
Brotherton’s claim during which Brotherton explained that he had a
high-school degree with additional training in heating and air-
conditioning repair as well as in electronics. Despite this
training, Brotherton had been unemployed since his last job as a
public-relations representative for the Salvation Army in 1987. He
blamed his joblessness on his alleged disability, noting that in
addition to the impairments listed on his application, he also
suffered from arthritis in his great toe and from a back strain
that prevented him from lifting anything over ten pounds.
After considering Brotherton’s testimony, the ALJ
determined that Brotherton was not disabled because he did not
suffer from an impairment, or combination of impairments,
sufficient to warrant benefits under the Act. Doubting the
credibility of Brotherton’s testimony regarding the disabling pain
that he allegedly suffered, the ALJ rejected his claim that he was
unable to perform light work and concluded that Brotherton had the
residual functional capacity to perform his past relevant work.
The Appeals Council vacated and remanded the case for the
ALJ to reconsider his conclusion that Brotherton could perform his
past relevant work. At a supplemental hearing, Brotherton
testified that he did not drive except in emergency, could walk
only 400 feet, could stand for only 15-30 minutes, and could lift
only five pounds. He also explained that he had carpal tunnel
syndrome in both hands.
Nevertheless, upon reconsideration, the ALJ observed that
no examining physical had suggested that Brotherton be confined to
a purely sedentary lifestyle and that there was no clinical
documentation of many of Brotherton’s alleged afflictions. As a
result, the ALJ concluded that Brotherton could at least perform a
full range of partially sedentary work, including lifting up to ten
pounds, occasional lifting and carrying of small items, and some
walking.
After the Appeals Council declined to review the ALJ’s
decision, Brotherton filed suit in the district court. After
consenting to proceed before a magistrate judge, both parties filed
motions for summary judgment. The magistrate judge granted the
Commissioner’s motion and dismissed Brotherton’s suit with
prejudice.
DISCUSSION
After considering the medical treatments, reports, and
testimony before the Commissioner, the ALJ and the district court,
this court concludes that substantial evidence supports the
Commissioner’s conclusion that Brotherton’s nonexertional
impairments did not significantly circumscribe his ability to do
sedentary work. See Dellolio v. Heckler,
705 F.2d 123, 127-28 (5th
Cir. 1983). Hence, the Commissioner did not err by relying solely
on the statutory “Grids” to determine that Brotherton could do
alternate work.
Id.
CONCLUSION
For the foregoing reasons, the district court’s grant of
summary judgment to the Commissioner and denial of Brotherton’s
application for benefits is AFFIRMED.