* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions 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, th is panel has determined unanimously to grant the parties’ request for a dec ision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The c ase is therefore ordered submitted without oral argument.1 Pursuant to 28 U.S.C. § 636(c)(1), the parties cons ented to proceed before

the magistrate judge. -2- Plaintiff Brenda Knoll appeals from an order of the magistrate judge 1 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 chi cken 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 S eptember 1988. The medical evidence shows that Ms. Knoll suffered severe injuries in the accident, including fractures of the pelvis and tai l 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 testifiedabout back and neck pain radiating to her left hip, left leg, and arms; numb ness in her foot, arms, and legs; headaches; and grogginess as a side effect of medic ation. She also testified that, with some modifications, she cares for her three ch ildren, performs household-3-

chores, drives a car ten miles almost daily, shops, and attends church and school functions. She could lift ten pounds, stand thirtyminutes, walk around a block, and sit twenty to thirty minutes. The ALJ recognized that Ms. Knoll's impairments red uce her ability to work, and that she could not return to her former p ast relevant work. He determined, however, that she has the residual func tional capacity to perform a range of unskilled work, subject to no lifting in e xcess 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 ex isting in significant numbers in the national economy. Therefore, the ALJ conclu ded that Ms. Knoll is not disabled and not entitled to benefits. Ms. Knoll argued in the district court that the Co mmissioner’s decision should be reversed for three reasons: (1) the ALJ f ailed to properly consider her non-exertional impairments at step five; (2) the AL J failed to make specific findings concerning her residual functional capacity; and (3) the vocational testimony was elicited by an incomplete hypothetica l and was internally inconsistent. In a thoughtful opinion, the magistr ate judge addressed Ms. Knoll's issues, rejected her arguments, and affirmed the de cision of the Commissioner. On appeal, Ms. Knoll essentially repeats the argume nts 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 substantia l 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 Distric t Court for the Northern District of Oklahoma for substantially the same reasons stated in the order of the magistrate judge. A copy of the magis trate judge's order is attached to this order and judgment.

Entered for the Court

Wade Brorby Circuit Judge