United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 2, 2004
Charles R. Fulbruge III
Clerk
No. 03-51346
Summary Calendar
ELIJAH LANG,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-02-CV-258
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Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Elijah Lang appeals the affirmance of the Commissioner’s
denial of his application for disability insurance benefits under
42 U.S.C. § 405. He argues that the disability decision was not
supported by substantial evidence and was not made under the
proper legal standards, that the administrative law judge (ALJ)
used improper criteria to assess his credibility, that the
magistrate judge erred in its review of the administrative
*
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this opinion should not be published and is not precedent except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. 03-51346
-2-
record, and that the ALJ was required to address whether he could
maintain gainful work activity.
We hold that the disability determination was supported by
substantial evidence and was made under the proper legal
standards. See Ripley v. Chater, 67 F.3d 552, 555 (5th Cir.
1995). In so holding, we determine that the record supports the
ALJ’s rejection of portions of the treating physician’s
evaluation, the ALJ’s determination of Lang’s residual functional
capacity, and the ALJ’s characterization of Lang’s allegations of
disabling pain as not credible; and we conclude that the ALJ
adequately incorporated all of Lang’s disabilities in posing the
hypothetical question to the vocational expert. See Boyd v.
Apfel, 239 F.3d 698, 707 (5th Cir. 2001); Spellman v. Shalala, 1
F.3d 357, 364-65 (5th Cir. 1993); Wren v. Sullivan, 925 F.2d 123,
128-29 (5th Cir. 1991).
Lang has not established that any error committed by the
magistrate judge constitutes reversible error. This court
reviews the Commissioner’s decision for propriety. See Ripley,
67 F.3d at 555.
Finally, the evidence did not show that Lang’s ability to
maintain employment would be compromised despite his ability to
perform employment as an initial matter, and there is no
indication that the ALJ did not understand that an ability to
maintain employment is inherent in the definition of residual
functional capacity. See Dunbar v. Barnhart, 330 F.3d 670, 672
No. 03-51346
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(5th Cir. 2003). Consequently, the ALJ was not required to make
a specific finding with regard to Lang’s ability to maintain
employment. See Dunbar, 330 F.3d at 672.
AFFIRMED.