* Pursuant to Fed. R. App. P. 43(c), John J. Callahan , Acting Commissioner

of Social Security, is substituted for former Commi ssioner Shirley S. Chater as the defendant in this action.

** This order and judgment is not binding precedent, e xcept under the doctrines of law of the case, res judicata, and col lateral estoppel.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 

### OCT 20 1997 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
CHESTER F. YOUNG,

Plaintiff-Appellant,
v. JOHN J. CALLAHAN, Acting Commissioner of Social Security Administration, *

Defendant-Appellee. No. 97-5082 (D.C. No. 95-CV-1115-E) (N.D. Okla.)

ORDER AND JUDGMENT ** Before BALDOCK, BARRETT, and MURPHY, 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.-2-

Plaintiff appeals the district court’s decision uph olding the Commissioner’s denial of disability benefits. Plaintiff alleged that he has been disabled since January 10, 1992, due to high blood pressure, arthr itis in his back, elbows and hands, headaches and nose bleeds. On appeal, he al so asserts that he suffers from “lightheadedness,” blackouts and constant ringing i n his ears. See Appellant’s Br. at 3. The administrative law judge (ALJ) determined, at step five of the applicable analysis, see 20 C.F.R. § 404.1520, that plaintiff retained the residual functional capacity to do a full range of medium wo rk. Applying the medical-vocational guidelines (grids), see 20 C.F.R. Pt. 404, Subpt. P, App. 2, Rule 203.15, the ALJ determined that plaintiff was not disabled. The Appeals Council denied review, making the ALJ’s determinati on the Commissioner’s final decision. This court reviews the Commissioner’s decision to d etermine only that he applied the law correctly and that the record conta ins substantial evidence to support the decision. See Bean v. Chater , 77 F.3d 1210, 1213 (10th Cir. 1995). On appeal, plaintiff argues that the record lacks s ubstantial evidence to support the denial of benefits, the ALJ erred in applying the grids in light of plaintiff’s nonexertional impairments, and the ALJ failed to af ford sufficient weight to the Veterans’ Administration’s disability determination
.-3-

Disability determinations made by other administrat ive agencies, such as the Veterans’ Administration, however, are not bind ing on the Commissioner. See Musgrave v. Sullivan , 966 F.2d 1371, 1375 (10th Cir. 1992). Further, the record supports the ALJ’s determination that plaint iff’s complaints of nonexertional limitations, including pain and faint ing spells, were not credible. See Winfrey v. Chater , 92 F.3d 1017, 1020 (10th Cir. 1996) (appellate co urt defers to ALJ’s credibility determinations when sup ported by substantial evidence). Application of the grids, therefore, wa s appropriate. See Glass v. Shalala , 43 F.3d 1392, 1396 (10th Cir. 1994) (proper for ALJ to rely upon grids, where substantial evidence supported finding that n onexertional impairments did not affect residual functional capacity); see also Thompson v. Sullivan , 987 F.2d 1482, 1488 (10th Cir. 1993). The record contains s ubstantial evidence supporting the denial of disability benefits. The judgment of the United States District Court fo r the Northern District of Oklahoma is, therefore, AFFIRMED.

Entered for the Court

James E. Barrett Senior Circuit Judge