Filed: Oct. 17, 2003
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 October 17, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-60027 Summary Calendar L.C. GATHERIGHT, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi (4:00-CV-112-LG) - Before JOLLY, WIENER, and DENNIS, Circuit Judges. PER CURIAM:* Plaintiff-Appellant
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS October 17, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-60027 Summary Calendar L.C. GATHERIGHT, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi (4:00-CV-112-LG) - Before JOLLY, WIENER, and DENNIS, Circuit Judges. PER CURIAM:* Plaintiff-Appellant ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 17, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-60027
Summary Calendar
L.C. GATHERIGHT,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
(4:00-CV-112-LG)
--------------------
Before JOLLY, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant L.C. Gatheright appeals the judgment
affirming the determination by the Commissioner of Social Security
that he is not disabled within the meaning of the Social Security
Act. Gatheright argues that the decision of the Administrative
Law Judge (ALJ) applied the wrong legal standard and was contrary
to the evidence. In particular, Gatheright argues that the ALJ
erred in denying benefits because vocational expert testimony was
required and reliance on the medical-vocational guidelines was
*
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this opinion should not be published and is not precedent except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.
improper, and because the ALJ erred in finding his complaints of
pain incredible.
Contrary to Gatheright’s contentions, we conclude that the ALJ
applied the correct legal standard, and that substantial evidence
supports the ALJ’s finding that the weight of the medical evidence
established that Gatheright’s back condition was mild and would not
prevent him from performing light and sedentary work, so that he is
not disabled. See 20 C.F.R. Part 404, Subpart P, App. 2; Ripley v.
Chater,
67 F.3d 552, 555 (5th Cir. 1995).
As the ALJ properly relied on the medical-vocational
guidelines, the ALJ did not need to determine independently that
jobs that Gatheright is able to perform exist in the national
economy, and that no vocational expert testimony was necessary.
See Pate v. Heckler,
777 F.2d 1023, 1025-26 (5th Cir. 1985); Fraga
v. Bowen,
810 F.2d 1296, 1304-05 (5th Cir. 1987). Finally, we are
satisfied that substantial evidence supports the ALJ’s
determination regarding the credibility of Gatheright’s complaints
of pain, entitling that determination to judicial deference. See
Villa v. Sullivan,
895 F.2d 1019, 1024 (5th Cir. 1990). The
decision of the district court affirming the Commissioner’s
decision is
AFFIRMED.
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