Brown v. Barnhart

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
January 31, 2005
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-30936
Summary Calendar
COURTNEE BROWN,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART,
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Louisiana
(USDC No. 2:03-CV-826-PM-APW)
_______________________________________________________
Before REAVLEY, JOLLY, HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
The district court’s decision is affirmed for the following reasons. First, the ALJ
was not required to obtain testimony from a medical advisor regarding Brown’s
childhood disability claim. See Richardson v. Perales, 402 U.S. 389, 390 (1971).
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Second, the ALJ;s residual functional capacity assessment is supported by substantial
evidence. The ALJ’s finding that Brown was able to perform medium work implied that
Brown could also perform less demanding sedentary work. Also, Brown was able to
attend college, sit in classes, and maintain a 19 hour course-load. Finally, the ALJ did
not err in using the guidelines to assess Brown’s ability to work. Brown does not allege
that she suffers from any other non-exertional limitations besides pain stemming from her
interstitial cystitis, and Brown’s extensive activities support the ALJ’s finding that her
pain did not significantly limit her ability to work. AFFIRMED.
2