F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
FEB 19 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
TERESA Y. GURULE,
Plaintiff-Appellant,
v. No. 97-5112
(D.C. No. 96-CV-157-W)
KENNETH S. APFEL, Commissioner, (N.D. Okla.)
Social Security Administration, *
Defendant-Appellee.
ORDER AND JUDGMENT **
Before BALDOCK, EBEL, and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties’ request for a decision on the briefs without oral
*
Pursuant to Fed. R. App. P. 43(c), Kenneth S. Apfel is substituted for
John J. Callahan, former Acting Commissioner of Social Security, as the
defendant in this action.
**
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1.9. The case is
therefore ordered submitted without oral argument.
Plaintiff appeals the district court’s decision upholding the Commissioner’s
denial of her application for disability benefits. Plaintiff asserted that she had
been disabled, since August 3, 1992, because of headaches and pain in her left
side, lower back and lower extremities. The administrative law judge (ALJ)
determined, at step four of the applicable five-step analysis, see 20 C.F.R.
§ 404.1520, that plaintiff remained capable of performing her past relevant work
in real estate sales and as a waitress. The Appeals Council denied review, making
the ALJ’s determination the Commissioner’s final decision.
This court reviews the Commissioner’s decision to determine only that he
applied the law correctly and that the record contains substantial evidence to
support the decision. See Bean v. Chater, 77 F.3d 1210, 1213 (10th Cir. 1995).
At step four, the burden remains on plaintiff to establish that she cannot perform
her past relevant work. See Thompson v. Sullivan, 987 F.2d 1482, 1487 (10th
Cir. 1993).
On appeal, plaintiff challenges the ALJ’s determination that plaintiff’s
complaints of disabling headaches were not credible. Credibility determinations
are the province of the ALJ and we will afford those determinations considerable
deference. See, e.g., James v. Chater, 96 F.3d 1341, 1342 (10th Cir. 1996).
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Because the ALJ properly considered plaintiff’s complaints of disabling
headaches, see Luna v. Bowen, 834 F.2d 161, 163-66 (10th Cir. 1987), and
because the record 1 contains substantial evidence supporting the ALJ’s credibility
determination, see Winfrey v. Chater, 92 F.3d 1017, 1020 (10th Cir. 1996), we
affirm the denial of disability benefits.
The judgment of the United States District Court for the Northern District
of Oklahoma is, therefore, AFFIRMED.
Entered for the Court
David M. Ebel
Circuit Judge
1
Our review of the record includes evidence plaintiff presented for the first
time to the Appeals Council. See O’Dell v. Shalala, 44 F.3d 855, 858, 859 (10th
Cir. 1994).
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