* This order and judgment is not binding precedent, except under the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. 

F I L E D

United States Court of Appeals

Tenth Circuit

SEP 10 1998

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

BRENDA KNOLL,

Plaintiff-Appellant,

v.

KENNETH S. APFEL, Commissioner

of Social Security Administration,

Defendant-Appellee.

No. 98-5023

(D.C. No. 96-CV-1029-M)

(N.D. Okla.)

ORDER AND JUDGMENT *

Before BRORBY, McKAY, and BRISCOE , Circuit Judges.

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

argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore

ordered submitted without oral argument.
1 Pursuant to 28 U.S.C. § 636(c)(1), the parties consented to proceed before

the magistrate judge. 

-2-

Plaintiff Brenda Knoll appeals from an order of the magistrate judge1

affirming the decision of the Commissioner to deny Social Security disability

insurance benefits and supplemental security income at step five of the five-step

sequential process for determining disability. See Williams v. Bowen, 844 F.2d

748, 750-52 (10th Cir. 1988) (discussing five-step process). We affirm.

Ms. Knoll, who is presently thirty-seven years old, has worked as a

rehabilitation training specialist, hanger at a chicken plant, telephone solicitor,

rental reservation agent, customer service representative, and telephone

salesperson. She asserts that she has been unable to work since June 1989, due to

the residual effects of an automobile accident in September 1988. 

The medical evidence shows that Ms. Knoll suffered severe injuries in the

accident, including fractures of the pelvis and tail bone. Since then, she has

continued to seek treatment for back pain, gastrointestinal problems associated

with medication, headaches, fatigue, and depression. At the hearing before the

Administrative Law Judge (ALJ), Ms. Knoll testified about back and neck pain

radiating to her left hip, left leg, and arms; numbness in her foot, arms, and legs;

headaches; and grogginess as a side effect of medication. She also testified that,

with some modifications, she cares for her three children, performs household
-3-

chores, drives a car ten miles almost daily, shops, and attends church and school

functions. She could lift ten pounds, stand thirty minutes, walk around a block,

and sit twenty to thirty minutes. 

The ALJ recognized that Ms. Knoll's impairments reduce her ability to

work, and that she could not return to her former past relevant work. He

determined, however, that she has the residual functional capacity to perform a

range of unskilled work, subject to no lifting in excess of ten pounds, and the

ability to change positions. Based on testimony of a vocational expert, he found

that she is capable of performing sedentary work existing in significant numbers

in the national economy. Therefore, the ALJ concluded that Ms. Knoll is not

disabled and not entitled to benefits. 

 Ms. Knoll argued in the district court that the Commissioner’s decision

should be reversed for three reasons: (1) the ALJ failed to properly consider her

non-exertional impairments at step five; (2) the ALJ failed to make specific

findings concerning her residual functional capacity; and (3) the vocational

testimony was elicited by an incomplete hypothetical and was internally

inconsistent. In a thoughtful opinion, the magistrate judge addressed Ms. Knoll's

issues, rejected her arguments, and affirmed the decision of the Commissioner. 

On appeal, Ms. Knoll essentially repeats the arguments she made to the magistrate

judge.
-4-

We have reviewed the record as a whole to determine whether the

Commissioner's findings are supported by substantial evidence and whether he

applied the correct legal standards. See Castellano v. Secretary of Health &

Human Servs., 26 F.3d 1027, 1028 (10th Cir. 1994). We conclude that the 

Commissioner committed no reversible error in determining that Ms. Knoll is not

disabled under the Social Security Act. 

We AFFIRM the judgment of the United States District Court for the

Northern District of Oklahoma for substantially the same reasons stated in the

order of the magistrate judge. A copy of the magistrate judge's order is attached

to this order and judgment. 

Entered for the Court

Wade Brorby

Circuit Judge