Davis vs. Apfel (5th Cir. 1999)

Federal Circuits, 5th Cir. (August 04, 1999)

Docket number: 98-30889


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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30889 Summary Calendar PAULA J. DAVIS, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Western District of Louisiana USDC No. 97-CV-1813 July 30, 1999 Before REAVLEY, SMITH, and JOLLY, Circuit Judges.

PER CURIAM: * Paula J. Davis appeals from the district courtÂ’s decision upholding the denial of her application for supplemental security income. She argues that substantial evidence does not exist to support the CommissionerÂ’s finding that she was not disabled, and that the Administrative Law Judge (ALJ) erred when she found DavisÂ’s subjective complaints of pain and of the debilitating side effects of her medications not to be credible. She also asserts that the ALJ erred by not soliciting the testimony of a - vocational expert to determine whether substantial numbers of jobs exist which she can perform despite her impairments.

A thorough review of the record reveals substantial evidence to support the ALJÂ’s determination that DavisÂ’s complaints of pain and of the disabling side effects of her medications are overdrawn. See Anthony v. Sullivan , 954 F.2d 289, 292 (5th Cir. 1992); Anderson v. Sullivan , 887 F.2d 630, 633 (5th Cir. 1989).

Further, because Davis fits the criteria set forth in Rule 201.28 of the Medical-Vocational Guidelines, the ALJ was entitled to rely exclusively on the Guidelines in determining whether substantial numbers of sedentary jobs exist in the national economy. See Wren v. Sullivan , 925 F.2d 123, 126 (5th Cir. 1991); 20 C.F.R. pt. 404, subpt.

P, app. 2, Rule 201.28.

Accordingly, the district courtÂ’s dismissal of DavisÂ’s action is AFFIRMED.

No. 98-30889 -

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