Plaintiff appeals the district court’s order affirming the decision of the Secretary of Health and Human Services denying plaintiffs applications for disability insurance benefits and supplemental security income. We exercise jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291 and affirm. 1
Plaintiff claims to have been disabled since December 1987 as a result of chronic back pain, hepatitis, and depression. After con
Based on the testimony of a vocational expert (VE), however, the ALJ concluded that plaintiff could perform a number of light and sedentary jobs that exist in the national economy in significant numbers and, therefore, that plaintiff was not disabled. When the Appeals Council denied plaintiffs request for review, the ALJ’s decision became the final decision of the Secretary.
‘We review the Secretary’s decision to determine whether it is supported by substantial evidence and whether the Secretary applied the correct legal standards.”
Washington v. Shalala,
Plaintiff raises three issues on appeal. First, she argues that the Secretary faded to apply Social Security Ruling 83-12 as it relates to her need to alternate periods of sitting and standing. Second, she contends that the Secretary failed to consider her combined physical and mental impairments in determining her residual functional capacity. Finally, plaintiff argues that the Secretary failed to assess her allegations of chronic pain properly. 2
Plaintiffs first argument is based on an incomplete reading of Social Security Ruling 83-12 and is legally frivolous. Plaintiff contends that, given her need to alternate periods of sitting and standing, none of the jobs identified by the VE constitute substantial evidence supporting a conclusion of no disability, because none of those jobs were managerial or professional, and most of them were unskilled. In support of this contention, plaintiff cites to the statement in Social Security Ruling 82-13 that, while professional and managerial jobs often permit a person to alternate between sitting and standing, most jobs require a person to be in a certain place or posture for a certain length of time, and “[unskilled types of jobs are particularly structured so that a person cannot ordinarily sit or stand at will.” S.S.R. 83-12, 1983-1991 Rulings, Soe. Sec. Rep. Serv. 36, 40 (West 1992).
Plaintiff neglects, however, to mention the very next sentence in the ruling, which states: “In cases of unusual limitation of ability to sit or stand, a VS [vocational specialist] should be consulted to clarify the implications for the occupational base.”
Id.
As this is precisely the procedure the ALJ followed here, there was no legal error.
See Kelley v. Chater,
Our review of the record reveals that plaintiff did not raise either of the remaining issues in her objections to the magistrate’s report and recommendation in the district court. Our opinion in
United States v. One Parcel of Real Property,
The judgment of the United States District Court for the Northern District of Oklahoma is AFFIRMED.
Notes
. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.
. We note that plaintiff's brief does not comply with 10th Cir.R. 28.2, which requires that the appellant’s brief contain, "with respect to each issue raised on appeal, a statement as to where in the record the issue was raised and ruled upon.”
