Filed: Jan. 22, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40358 Summary Calendar KATHY A. DRAPER, 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 USDC No. C-98-CV-321 - - - - - - - - - - January 19, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges. PER CURIAM:* Kathy A. Draper appeals the district court’s summary judgment a
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40358 Summary Calendar KATHY A. DRAPER, 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 USDC No. C-98-CV-321 - - - - - - - - - - January 19, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges. PER CURIAM:* Kathy A. Draper appeals the district court’s summary judgment af..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40358
Summary Calendar
KATHY A. DRAPER,
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
USDC No. C-98-CV-321
- - - - - - - - - -
January 19, 2001
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Kathy A. Draper appeals the district court’s summary
judgment affirming the determination by the Commissioner of
Social Security that she is not disabled within the meaning of
the Social Security Act. Draper argues that the administrative
law judge (ALJ) failed to give appropriate weight to her
treatment for depression. Draper points to the reports of Dr.
Feltoon, a psychologist who believed she was suffering from a
depressive disorder, and the reports of Marylou Goranson, the
licensed counselor who diagnosed Draper with an adjustment
*
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this opinion should not be published and is not precedent except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. 00-40358
-2-
disorder with mixed emotional features of depression, anxiety,
and anger. However, none of the physicians who treated or
evaluated Draper determined that her depressive condition would
significantly hinder her ability to perform light work. The
opinions of the physicians provide substantial evidence to
support the Commissioner’s decision.
Draper’s argument that the ALJ made an erroneous residual
functional capacity assessment because she failed to consider’s
Draper’s depression and the side effects of medication is
similarly without merit. Draper’s testimony indicated that she
did not frequently take the medications that caused side effects,
and those side effects were not of enough significance to prevent
her taking a job and performing light work.
The ALJ’s assessment of Draper’s credibility is also
supported by substantial evidence. Draper argues that the ALJ
placed inappropriate weight on her activities of daily living and
personal observations at the hearing. However, Draper’s
testimony revealed that she performed enough household chores and
errands to support the conclusion that light work would not be
impossible for her. It is within the province of the ALJ to make
credibility determinations concerning testimony at administrative
hearings. See Newton v. Apfel,
209 F.3d 448, 458 (5th Cir.
2000); Greenspan v. Shalala,
38 F.3d 232, 237 (5th Cir. 1994).
Draper’s argument that the ALJ erred in propounding an
inadequate hypothetical question to the vocational expert that
failed to take into consideration her limitations is without
merit because the ALJ included in the hypothetical question all
limitations supported by the reports from physicians.
No. 00-40358
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AFFIRMED.