Nichols vs. Barnhart (5th Cir. 2002)

Federal Circuits, 5th Cir. (July 01, 2002)

Docket number: 01-21061

Permanent Link: http://vlex.com/vid/nichols-vs-barnhart-18410724
Id. vLex: VLEX-18410724

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U.S. Court of Appeals for the 5th Cir. - 49 Soc.Sec.Rep.Ser. 118, Unempl.Ins.Rep. (Cch) P 14848B Don E. Leggett, Plaintiff-Appellant, v. Shirley E. Chater, Commissioner of the Social Security Administration, Defendant-Appellee., 67 F.3d 558 (5th Cir. 1995)

U.S. Court of Appeals for the 5th Cir. - Ramon Chaparro, Plaintiff-Appellant, v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 86-1738. Summary Calendar., 815 F.2d 1008 (5th Cir. 1987)

U.S. Court of Appeals for the 5th Cir. - Kernis J. Johnson, Plaintiff-Appellant, v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 88-4521. Summary Calendar., 864 F.2d 340 (5th Cir. 1988)

U.S. Court of Appeals for the 5th Cir. - Elbert L. Bowling, Plaintiff-Appellant, v. Donna E. Shalala, Secretary of Health and Human Services, Defendant-Appellee. No. 94-30093. Summary Calendar., 36 F.3d 431 (5th Cir. 1994)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-21061 Summary Calendar RUSTY S. NICHOLS, 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 Texas USDC No. H-00-CV-3344 June 27, 2002 Before JOLLY, EMILIO M. GARZA, and STEWART, Circuit Judges.

PER CURIAM: * Rusty S. Nichols appeals the magistrate judgeÂ’s judgment affirming the Social Security CommissionerÂ’s decision to deny him disability benefits. He argues that the Administrative Law Judge (Â“ALJÂ”) erred in determining that he retained the residual functional capacity to do sedentary work that involves lifting and carrying five pounds frequently and ten pounds occasionally, sitting six to eight hours per day, standing and walking six to eight hours per day, sitting and standing at will, and occasionally bending, stooping, and crawling. Nichols has not demonstrated any error in the CommissionerÂ’s decision. Substantial evidence supports the determination that Nichols retained the residual functional capacity to do sedentary work with the specified limitations. See Bowling v. Shalala , 36 F.3d 431, 434 (5th Cir. 1994); Johnson v. Bowen , 864 F.2d 340, 343 (5th Cir. 1988). NicholsÂ’ argument that the Appeals Council failed to give controlling weight to the opinions of the physicians at University of Texas Medical Branch Hospitals is unavailing because those opinions did not contradict the other medical evidence; they simply added subjective complaints of pain. NicholsÂ’ argument that the ALJ misrepresented the evidence of record is equally unavailing in that there was evidence in the record to support the ALJÂ’s conclusion that he did not have a listed impairment. See Leggett v. Chater , 67 F.3d 558, 563 & n.2 (5th Cir. 1995).

To the extent that Nichols argues that the ALJ did not credit his subjective complaints of pain and other medical evidence he asserts supports his claim of disability, he is correct, but this court will neither reweigh the evidence nor overturn the ALJÂ’s credibility determinations. See Chaparro v. Bowen , 815 F.2d 1008, 1011 (5th Cir. 1987).

The magistrate judgeÂ’s judgment is AFFIRMED.

No. 01-21061