Shuler v. Massanari

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20231
Summary Calendar
JUDY B. SHULER,
Plaintiff-Appellant,
versus
LARRY G. MASSANARI, ACTING COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-588
- - - - - - - - - -
October 26, 2001
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Judy B. Shuler appeals from the district court’s judgment
affirming the decision of the Acting Commissioner of Social
Security denying her claim disability benefits under 42 U.S.C.
§ 405(g). The Administrative Law Judge (ALJ) agreed with the
medical diagnoses of Shuler’s treating physicians that she
suffered from chronic fatigue syndrome (CFS), fibromyalgia, and
degenerative disc disease. The ALJ disagreed, however, with the

-- 1 of 2 --

No. 01-20231
-2-
treating physicians’ vocational opinion that Shuler’s condition
precluded employment.
In addition to finding Shuler’s hearing testimony and
subjective complaints of pain to be less than credible based on
his observations of Shuler at the hearing and on her daily
activities, the ALJ relied upon the testimony of a medical expert
who testified that, even accepting all of the medical evidence
concerning CFS and fibromyalgia as true, Shuler remained capable
of performing the full range of light work. The ALJ also relied
on the testimony of a vocational expert who stated that Shuler
could return to her past employment as an administrative
assistant because that job fell under the less demanding category
of sedentary skilled work.
The Commissioner’s decision is supported by substantial
evidence on the record as a whole. Anthony v. Sullivan, 954 F.2d
289, 292 (5th Cir. 1992). The district court’s final judgment
upholding this decision is therefore AFFIRMED.

-- 2 of 2 --