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712 F.2d 929

Docket No. 82-1218.

Gory v. Schweiker

Fourth Circuit Court of Appeals

Argued Dec. 8, 1982.

Decided July 21, 1983.

Fourth Circuit Court of Appeals · decided 1983-07-21

2 counsel of record

Key passage — most relied on by later courts

“limitation that is present whether a claimant is attempting to perform the physical requirements of the job or not.” Gory v. Schweiker, 712 F.2d 929, 930 (4th Cir.1983).”

quoted by 4 later decisions, including 101 F. Supp. 2d 357 - Parsons v. Apfel, 102 F. Supp. 2d 627 - Cottrill v. Apfel

Relies on Heckler v. Campbell · Roberts v. Schweiker

Good law ✅— No negative treatment on recordhow we know

Decided 1983-07-21

How this case has been cited

Cited by 28 later decisions — most recently September 2012 · most notably Channel v. Heckler (1984), Wilson v. Heckler (1984)

6 federal appellate · 6 district ·

1301983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*930George L. Fitzgerald, Charlotte, N.C., for appellant.

¶2Max O. Cogburn, Asst. U.S. Atty., Ashe-ville, N.C. (Charles R. Brewer, U.S. Atty., Asheville, N.C., Richard S. Gordon, Asst. U.S. Atty., Charlotte, N.C., on brief), for appellee.

¶3Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.

¶4WIDENER, Circuit Judge:

¶5David Gory appeals the denial of his claim for Social Security disability benefits. Gory, 41 years old at the time of the hearing, had eight years of formal education but is functionally illiterate. He was employed as a plasterer before the onset of his disability. That disability arises primarily from back and leg problems. The Administrative Law Judge (ALT), whose decision was adopted by the Secretary, found that Gory was unable to return to his past job but that he was able to do sedentary work. Applying Rule 201.23 of Table 1, 20 CFR 404, Subpart P, Appendix 21, the ALJ (as did the district court) concluded that Gory was not disabled. We affirm.

¶6Gory contends that the ALJ erred in applying Rule 201.23 of Table 1 to his disabilities because he claims to suffer from nonexertional limitations that make the tables inapplicable.

¶7The regulations differentiate between ex-ertional or strength limitations and nonexertional limitations. An exertional limitation is one which manifests itself by limitations in meeting the strength requirements of jobs. See 20 CFR 404, Subpart P, Appendix 2, § 200.00(e). A nonexertional limitation on the other hand is a limitation that is present whether the claimant is attempting to perform the physical requirements of the job or not, such as mental retardation, mental illness, blindness, deafness or alcoholism. 2 Such limitations are present at all times in a claimant’s life, whether during exertion or rest.3

¶8When a claimant suffers from exertional limitations and the facts of his vocational profile meet all the criteria of a particular rule in the tables of Appendix 2, that rule directs the conclusion to be drawn. 20 CFR 404, Subpart P, Appendix 2, § 200.00(a); Campbell,-U.S. at-, 103 S.Ct. at 1955. But the rules require that an ALJ not apply the age categories mechanically *931m a borderline situation. 20 CFR § 404.-1563(a); see Campbell,-U.S. ——, n. 5, 103 S.Ct. at 1955, n. 5. When a claimant suffers from both exertional and nonexertional limitations, the tables are not conclusive but may only serve as guidelines. 20 CFR 404, Subpart P, Appendix 2, § 200.-00(e)(2). Roberts v. Schweiker, 667 F.2d 1143 (4th Cir.1981). If only nonexertional limitations are claimed, the tables do not direct a conclusion of either disability or non-disability. 20 CFR 404, Subpart P, Appendix 2, § 200.00(e)(1).

¶9Gory claims that his pain and leg swellings are nonexertional in nature and therefore the tables are not conclusive as to him. The ALJ found these limitations to result from Gory’s overactivity on his feet. The ALJ further found that the “leg swelling with accompanying pain would not be frequent or severe nor require elevation of the extremities so long as the claimant restricts himself to activities of sedentary nature.” The evidence in the record supports the ALJ’s conclusion that these were exertional limitations rather than nonexertional, and that they did not prevent Gory from doing sedentary work. Therefore, the ALJ and the district court correctly applied Rule 201.23 to find Gory was not disabled.

¶10We have reviewed Gory’s remaining claims of error and find them to be without merit.

¶11The judgment of the district court is accordingly

¶12AFFIRMED.

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