F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
SEP 2 1999
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
JAMES R. FRANCIS,
Plaintiff-Appellant,
v. No. 98-5150
(D.C. No. 96-CV-1030-M)
KENNETH S. APFEL, Commissioner, (N.D. Okla.)
Social Security Administration,
Defendant-Appellee.
ORDER AND JUDGMENT *
Before BALDOCK , BARRETT , and McKAY , 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
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the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.
Claimant James R. Francis appeals from the district court’s 1 order affirming
the decision of the Commissioner of Social Security. In that decision, the
Commissioner denied claimant’s applications for disability insurance benefits
made under Title II of the Social Security Act. See 42 U.S.C. § 423. We exercise
jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, and affirm.
Two issues are presented for review. The first is whether the
administrative law judge’s (“ALJ”) determination that claimant’s allegations of
disabling pain and limitations were not fully credible is supported by substantial
evidence. The second is whether the ALJ properly interpreted and considered the
medical record and testimony in concluding that claimant is not disabled. In
our review, we determine whether the ALJ’s decision is supported by substantial
evidence on the whole record and comports with relevant legal standards.
See Casias v. Secretary of Health & Human Servs. , 933 F.2d 799, 800-01
(10th Cir. 1991).
Claims for disability benefits are evaluated according to the five-step
sequential process set out in 20 C.F.R. § 404.1520. See Williams v. Bowen ,
844 F.2d 748, 750-52 (10th Cir. 1988). At step five of this process, the ALJ,
with the assistance of a vocational expert, found that claimant maintained the
1
The parties consented to proceed before a United States Magistrate Judge.
See 28 U.S.C. § 636(c)(1) & (3).
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residual functioning capacity to perform light work subject to restrictions on
fully turning his neck and decreased left-hand gripping. He discredited claimant’s
subjective complaints of disabling pain, analyzing them in accordance with Luna
v. Bowen , 834 F.2d 161 (10th Cir. 1987).
Claimant’s application for disability benefits is based on a very narrow
window of time–from January 1, 1989, which is the date claimant alleges his
disability began, to June 30, 1989, when claimant’s insured status expired and
disability had to be established. As the district court noted, plaintiff presented no
medical records covering this time frame, so the ALJ had to make inferences from
medical records generated after that date. On appeal, claimant’s major objections
are addressed to what he characterizes as the ALJ’s misstatements of the medical
record and of his testimony. The district court fully considered, addressed, and
rejected these arguments, and claimant does not explain why the district court’s
findings and conclusions are erroneous except to reiterate the objections he made
to that court.
We particularly agree with the district court that the absence of a medical
record during the period of alleged disability together with notations in records
made in 1993 support a strong inference that claimant’s physical problems
apparently did not become severe until 1990 or later, when he sought medical
intervention. See Appellant’s App. at 261-62 (district court order affirming
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Commissioner’s decision). We have carefully reviewed the entire medical record,
the parties’ arguments, and the relevant law. For substantially the same reasons
as set forth in the district court’s order filed July 30, 1998, we conclude that the
Commissioner’s decision is supported by substantial evidence on the whole record
and comports with the relevant legal standards.
The judgment of the United States District Court for the Northern District
of Oklahoma is AFFIRMED .
Entered for the Court
Monroe G. McKay
Circuit Judge
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