Filed: Oct. 01, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-20050 _ JAMES L. BOLDS, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Southern District of Texas (H-97-CV-1915) _ October 1, 1999 Before POLITZ, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* James L. Bolds appeals from the district court’s judgment affirming the Commissioner’s denial of Bolds’ application for disability an
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-20050 _ JAMES L. BOLDS, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Southern District of Texas (H-97-CV-1915) _ October 1, 1999 Before POLITZ, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* James L. Bolds appeals from the district court’s judgment affirming the Commissioner’s denial of Bolds’ application for disability and..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 98-20050
__________________
JAMES L. BOLDS,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
______________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-97-CV-1915)
______________________________________________
October 1, 1999
Before POLITZ, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
James L. Bolds appeals from the district court’s judgment
affirming the Commissioner’s denial of Bolds’ application for
disability and supplemental security income (SSI). Finding the
Commissioner’s decision supported by substantial evidence, we
affirm.
Bolds applied for disability and SSI benefits, alleging that
he was disabled due to diabetes mellitus and a visual impairment.
After a hearing, the administrative law judge (ALJ) found that
Bolds was not disabled. The Appeals Council remanded the case to
*
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this opinion should not be published and is not precedent except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.
the ALJ for evaluation of Bolds’ mental impairment and the
credibility of his testimony. On remand, the ALJ held a second
hearing and again found Bolds not disabled. The Appeals Council
denied his request for additional review.
Pursuant to 42 U.S.C. section 405(g), Bolds sought review of
the Commissioner’s determination in the district court. The
parties consented to trial by magistrate judge. After hearing the
parties’ arguments on their respective motions for summary
judgment, the magistrate judge found substantial evidence to
support the Commissioner’s finding that Bolds was not disabled and
affirmed the Commissioner’s denial of both SSI and disability
benefits.
If substantial evidence supports the Commissioner’s findings,
they are conclusive and must be affirmed. Spellman v. Shalala,
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F.3d 357, 360 (5th Cir. 1993). A finding of no substantial
evidence is appropriate only if no credible evidentiary choices or
medical findings exist to support the decision. Hames v. Heckler,
707 F.2d 162, 164 (5th Cir. 1983).
The Commissioner uses a sequential five-step test to determine
whether a claimant qualifies as “disabled” under the Social
Security regulations. Leggett v. Chater,
67 F.3d 558, 563 (5th
Cir. 1995). In this five-step inquiry, the Commissioner considers:
(1) whether the claimant is currently engaged in substantial
gainful activity; (2) whether the claimant has a severe impairment;
(3) whether the impairment is listed, or equivalent to an
impairment listed in Appendix I of the regulations; (4) whether the
impairment prevents the claimant from doing past relevant work;
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and, (5) whether the impairment prevents the claimant from
performing any other substantial gainful activity.
Id. at 563 n.2.
The claimant bears the burden of proving disability for the first
four steps. See
Leggett, 67 F.3d at 564. If, at any step of the
inquiry, the Commissioner finds that the claimant is or is not
disabled, the inquiry is terminated.
Id.
Here, the ALJ found that Bolds had not engaged in substantial
gainful activity since November 14, 1989. In particular, the ALJ
found that Bolds suffered from severe forms of diabetes mellitus,
diabetic retinopathy, and keratoconus as well as a non-severe
depressive disorder. None of Bolds’ ailments, either considered
individually or in combination, however, met the requirements of
the impairments listed in Appendix I of the regulations. Because
Bolds could not be found disabled based solely upon consideration
of medical factors, the ALJ assessed Bolds’ residual functional
capacity. In doing so, the ALJ considered Bolds’ testimony in
combination with the objective record evidence. Although the ALJ
determined that Bolds was unable to perform his past relevant work
as a result of the exertional level demanded, the ALJ--relying in
large part upon the medical opinions of Bolds’ treating physicians-
-did find that Bolds had the residual functional capacity to
perform light work. Based upon the testimony of the vocational
expert, the ALJ concluded that Bolds had work skills (acquired from
past work) that could be applied to other skilled or semi-skilled
work functions. The ALJ therefore determined that Bolds was not
entitled to SSI and disability benefits.
Bolds argues that the ALJ failed to indicate the reasons for
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discrediting Bolds’ testimony concerning his subjective evidence of
pain. We recognize that pain alone can be disabling if connected
to a medically determinable impairment and that the ALJ has a duty
to pass on the issue of the truth and reliability of complaints of
subjective pain. Scharlow v. Schweiker,
655 F.2d 645, 648-49 (5th
Cir. Unit A 1981).
Although recognizing that Bolds took certain pain medication
twice a day, the ALJ found no documented impairment capable of
producing the severe back pain alleged by Bolds. The ALJ noted
that although Bolds testified that he experienced adverse side
effects to medications, the evidence did not indicate that he had
made such complaints to treating physicians. Moreover, the ALJ
found that Bolds’ testimony regarding the severity of his symptoms
and limitations was not consistent with his medical regimen, daily
activities, or the objective evidence of record. Under these
circumstances, we find that the ALJ adequately indicated the
credibility choices made in determining that Bolds’ complaints of
pain were not credible. Thus, we conclude that there is
substantial evidence to support the Commissioner’s final
determination.
AFFIRMED
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