Nugent v. Massanari

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30483
Summary Calendar
JOHNNIE W. NUGENT, JR.,
Plaintiff-Appellant,
versus
LARRY G. MASSANARI, ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
(00-CV-1911)
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October 19, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Johnnie Nugent appeals the district
court’s affirmance of the Social Security Commissioner’s decision
to deny disability benefits. Nugent contends that the
administrative law judge (ALJ) (1) incorrectly determined that
Nugent suffered no significant adverse effects from taking either
of his medications, Flexeril or Soma; (2) should not have relied
solely on the medical-vocational grid table in 20 C.F.R. Pt. 404,
Subpt. P., Appendix 2, Table 2, to determine Nugent’s disability,
given his pain and the nonexertional side effects from 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that this opinion should not be published and is not precedent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.
medication; and, (3) improperly determined that Nugent had a sixth
grade education as opposed to considering Nugent illiterate for
purposes of assessing his disability status.
The ALJ’s determination that the record did not indicate that
Nugent suffered significant adverse effects from taking his
medication is supported by substantial evidence. See Leggett v.
Chater, 67 F.3d 558, 564 (5th Cir. 1995); Adams v. Bowen, 833 F.2d
509, 512 (5th Cir.1987). Furthermore, Nugent does not indicate how
the alleged side effects affected his residual functional capacity.
The ALJ’s reliance on the medical-vocational grid table was thus
not error. See Scott v. Shalala, 30 F.3d 33, 34 (5th Cir. 1994);
Crowley v. Apfel, 197 F.3d 194, 199 (5th Cir. 1999). And, even if
the ALJ should have considered Nugent illiterate as opposed to
having a limited education, the grid table rule to which illiteracy
applies for an individual of Nugent’s age and functional capacity,
as determined by the ALJ, indicates that a non-disabled finding is
appropriate.
As the district court’s affirmance of the Commissioner’s
decision to deny disability benefits was correct, the judgment is
AFFIRMED.
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