Mays v. Apfel ( 2000 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-60681
    Summary Calendar
    DOROTHY A. MAYS,
    Plaintiff-Appellant,
    versus
    KENNETH S. APFEL,
    COMMISSIONER OF SOCIAL SECURITY,
    Defendant-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Mississippi
    USDC No. 1:98-CV-210-D-A
    --------------------
    September 1, 2000
    Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Dorothy    A.   Mays   appeals   from   the    district   court’s
    judgment affirming the denial of her application for Supplemental
    Security Income (SSI).      We affirm.
    Mays argues that the Administrative Law Judge (ALJ) erred
    in   disbelieving    her   testimony    about   her    conditions    and   her
    complaints of pain.    The ALJ's decision as to the credibility of a
    claimant's limitations and whether her pain was disabling is
    entitled to considerable deference.         See       Wren v. Sullivan, 
    925 F.2d 123
    , 128 (5th Cir. 1991).         Based on a thorough review of the
    *
    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    this opinion should not be published and is not precedent except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. 99-60681
    -2-
    record, including Mays’ testimony, the ALJ determined that she
    retained the ability to perform medium work limited by moderate pain
    and moderate depression, both controlled with medication. The record
    shows that the ALJ adequately considered the evidence of Mays’
    complaints of pain and that the ALJ’s conclusions were supported by
    substantial evidence in the record.
    Mays also argues that the ALJ erred by relying on the
    Medical-Vocational Guidelines (grids) found at 20 C.F.R. Pt. 404,
    Subpt. P, App. 2 (1999).       This argument is frivolous.      The ALJ did
    not use the grids and found that Mays was capable of performing past
    relevant work.      See Harper v. Sullivan, 
    887 F.2d 92
    , 97 (5th Cir.
    1989) (the grids are applied only when it is found that the claimant
    is incapable of performing past relevant work).
    May   argues   that    the   Commissioner’s   decision   denying
    benefits is not supported by substantial evidence because it is
    undisputed that she had a severe, disabling condition. The ALJ found
    that her moderate depression and the moderate pain in her arm and
    hand were controlled by medication.               A medical impairment that
    reasonably can be remedied or controlled by medication is not
    disabling.    See Johnson v. Bowen, 
    864 F.2d 340
    , 348 (5th Cir. 1988).
    Mays failed to meet her burden of showing that she was unable to
    return to her past relevant work.
    Mays also asserts that this case should be remanded pursuant to
    
    42 U.S.C. § 405
    (g) for consideration of new evidence which she
    contends would have changed the Commissioner’s decision.          She argues
    that a July 1998 letter stating her diagnosis and the September 1998
    grant of benefits by the Commissioner warrants remand. This evidence
    No. 99-60681
    -3-
    which shows, at best, a deterioration of a previously non-disabling
    condition,   does   not   warrant   remand   for   further   administrative
    consideration.   See Johnson v. Heckler, 
    767 F.2d 180
    , 183 (5th Cir.
    1985).
    AFFIRMED.