Riley v. Apfel

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60116
Summary Calendar
CHARLIE EARL RILEY,
Plaintiff-Appellant,
versus
KENNETH S. APFEL,
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:97-CV-415-GR
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December 27, 1999
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Charlie Riley appeals the affirmance of the Commissioner's
denial of his application for disability insurance benefits under
42 U.S.C. § 405. He argues (1) that the district court erred in
finding a lack of substantial evidence that he was disabled after
June 8, 1995, (2) that the Administrative Law Judge (ALJ) erred
in not crediting his testimony regarding his chronic pain,
(3) that the ALJ erred in failing to require testimony from a
*
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that this opinion should not be published and is not precedent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. 99-60116
-2-
vocational expert, and (4) that the ALJ erred in finding that he
could perform sedentary work.
To prove disability resulting from pain, an individual must
establish a medically determinable impairment that is capable of
producing disabling pain. Once a medical impairment is
established, the subjective complaints of pain must be considered
along with the medical evidence in determining work capacity.
See Ripley v. Chater, 67 F.3d 552, 556 (5th Cir. 1995); Harper v.
Sullivan, 887 F.2d 92, 96 (5th Cir. 1989). The ALJ found, on the
basis of the medical evidence, that Riley’s complaints of pain
after June 8, 1995, were credible only insofar as the pain
limited him to sedentary work. Ripley has failed to demonstrate
error in this finding.
The use of a vocational expert is discretionary. See
20 C.F.R. § 404.1566(e). The substantial medical and other
evidence supports the Commissioner's conclusion that Riley's
impairments did not significantly circumscribe his ability to do
sedentary work after June 8, 1995.
AFFIRMED.