Professional Documents
Culture Documents
JAN 30 2002
PATRICK FISHER
Clerk
RANDALL BELLAMY,
Plaintiff-Appellant,
v.
No. 01-5070
(D.C. No. 99-CV-1079-J)
(N.D. Okla.)
Defendant-Appellee.
ORDER AND JUDGMENT
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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
This order and judgment is not binding precedent, except under the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); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
Claimant Randall Bellamy appeals from the district courts order affirming
the decision of the Commissioner of Social Security. In that decision, the
Commissioner determined that claimant was not entitled to disability insurance
benefits and supplemental security income benefits under Titles II and XVI of the
Social Security Act.
determined that claimant was not under a disability as defined in the Social
Security Act. Claimant sought review in the district court, which affirmed the
denial of benefits.
He now appeals.
Limitations found by the ALJ included only occasional handling with the
right dominant hand; no contact with the public and only occasional contact with
co-workers; and no production quotas, with only repetitive work involving simple
instructions. Appellants App., Vol. 2 at 19, 22.
1
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Human Servs. , 52 F.3d 288, 289 (10th Cir. 1995). We may not reweigh the
evidence or substitute our judgment for that of the agency.
62 F.3d 335, 337 (10th Cir. 1995). Credibility determinations are peculiarly
the province of the finder of fact, and should not be upset if supported by
substantial evidence.
(quotation omitted).
The Global Assessment of Functioning, or GAF, scale is used by clinicians
to report an individuals overall level of functioning.
See American Psychiatric
Assoc., Diagnostic and Statistical Manual of Mental Disorders
34 (4th ed. 2000).
The scale does not evaluate impairments caused by physical or environmental
factors. See id.
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Stephen H. Anderson
Circuit Judge
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