Chambliss v. Massanari, 269 F.3d 520 (5th Cir. 2001). · Go Syfert
Chambliss v. Massanari, 269 F.3d 520 (5th Cir. 2001). Cases Citing This Book View Copy Cite
Quick Summary

An administrative law judge must consider a Veterans Administration disability determination as evidence but is not legally bound by its findings.

The claimant appeals the denial of disability insurance benefits, arguing the administrative law judge improperly evaluated pain allegations, failed to give sufficient weight to a Veterans Administration disability determination, and relied solely on expert testimony. The court holds that the task of weighing evidence is the province of the ALJ. Pain must be constant, unremitting, and wholly unresponsive to therapeutic treatment to be disabling. A VA rating of total and permanent disability is not legally binding on the Commissioner but is evidence entitled to weight that must be considered. The ALJ may give diminished weight to a VA determination if valid reasons are provided. Because the ALJ adequately explained the reasons for discounting the VA determination and the decision is supported by substantial evidence, the district court’s judgment is affirmed.

364 citation events (364 in the last 25 years) across 28 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Cited for
At page 522 ALJ discretion in evaluating pain and disability evidence143 citing cases“it is within the alj's discretion to determine the disabling nature of a claimant's pain, and the alj's determination is entitled to considerable deference.”6 citing courts quote it
  • Lucio v. Comm'r of Soc. Sec., No. 3:23-cv-01919 (N.D. Tex. Sept. 27, 2024). 2 cites
    (Subjective complaints of pain must also be corroborated by objective medical evidence.)
  • Page v. Comm'r of Soc. Sec., No. 1:22-cv-00181 (S.D. Miss. Mar. 12, 2024).
    ([s]ubjective complaints of pain must also be corroborated by objective medical evidence)
  • Gonzalez v. Sauls, No. 4:20-cv-00372 (S.D. Tex. Jan. 29, 2021). 2 cites
    ([W]hether an applicant is able to work despite some pain is within the province of the administrative agency and should be upheld if supported by substantial evidence.)
  • Lopez v. Comm'r of Soc. Sec., No. 5:19-cv-01088-ESC (W.D. Tex. Aug. 22, 2020).
    (The relative weight to be given the evidence contained in the record is within the ALJ’s discretion.)
  • Pitts, No. 6:25-cv-00068 (N.D. Tex. Sept. 14, 2026).
    Tex. July 20, 2023) (“The RFC determination falls solely to the ALJ, who is responsible for resolving any conflicts in the evidence.” (citing Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001) (per curiam))), rec. adopted, 2023 WL 5…
  • Dellinger, No. 1:25-cv-00136 (N.D. Tex. Sept. 9, 2026).
    Tex. July 20, 2023) (“The RFC determination falls solely to the ALJ, who is responsible for resolving any conflicts in the evidence.” (citing Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001) (per curiam))), rec. adopted, 2023 WL 5…
  • Matthews, No. 4:25-cv-02516 (S.D. Tex. Sept. 2, 2026).
    “It is within the ALJ’s discretion to determine the disabling nature of a claimant’s pain, and the ALJ’s determination is entitled to considerable deference”
  • Ramirez, No. 4:25-cv-00985 (N.D. Tex. Aug. 31, 2026).
    Tex. July 20, 2023) (“The RFC determination falls solely to the ALJ, who is responsible for resolving any conflicts in the evidence.” (citing Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001) (per curiam))), rec. adopted, 2023 WL 5…
  • Monroe, No. 6:25-cv-01043 (W.D. La. July 28, 2026).
    Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Loya v. Heckler, 707 F.2d 211, 215 (5th Cir. 1983).
  • Brownlee, No. 4:25-cv-00831 (N.D. Tex. July 20, 2026).
    Tex. July 20, 2023) (“The RFC determination falls solely to the ALJ, who is responsible for resolving any conflicts in the evidence.” (citing Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001) (per curiam))), rec. adopted, 2023 WL 5…
Show 133 more citing cases
At page 523 Reviewing the evidence and weighing evidence in disability claims44 citing cases“the task of weighing the evidence is the province of the alj.”9 citing courts quote it · 42 listed here
  • Gonzalez v. O'Malley, No. 3:24-cv-00071 (W.D. Tex. Mar. 25, 2025).
    ([T]he task of weighing the evidence is the province of the ALJ.)
  • Bass v. Kijakazi, No. 4:22-cv-03702 (S.D. Tex. Nov. 22, 2023).
    ([T]he task of weighing the evidence is the province of the ALJ.)
  • Cummock v. Saul, No. 4:21-cv-01066 (S.D. Tex. Sept. 27, 2022).
    (The task of weighing the evidence is the province of the ALJ.)
  • Garcia v. Comm'r of Soc. Sec., No. 5:19-cv-01307 (W.D. Tex. Dec. 18, 2020).
    ([T]he task of weighing the evidence is the province of the ALJ. [The reviewing court’s] job is merely to determine if there is substantial evidence in the record as a whole which supports the ALJ’s decision.)
  • Pine, No. 5:25-cv-00056 (N.D. Tex. Sept. 10, 2026).
    Brown v. Apfel, 192 F.3d at 496 ; Chambliss v. Massanari, 269 F.3d 520, 523 (5th Cir. 2001).
  • Vaughn, No. 3:25-cv-00254 (N.D. Tex. Mar. 6, 2026).
    Chambliss v. Massanari, 269 F.3d 520, 523 (5th Cir. 2001). 7 III.
  • Martinez, No. 5:24-cv-00124 (S.D. Tex. Jan. 6, 2026).
    Tex. Mar. 25, 2025) (first citing Chambliss v. Massanari, 269 F.3d 520, 523 (5th Cir. 2001); and then Adams v. Colvin, 202 F. Supp. 3d 644, 649 (W.D.
  • HERNANDEZ v. O'Malley, No. 3:24-cv-00330 (W.D. Tex. Sept. 30, 2025).
    “task of weighing the evidence is the province of the ALJ”
  • Manriquez v. Comm'r of Soc. Sec., No. 3:24-cv-00422 (W.D. Tex. Sept. 30, 2025).
    “task of weighing the evidence is the province of the ALJ”
  • Burns v. Colvin, No. 3:24-cv-00273 (W.D. Tex. Sept. 30, 2025).
    “task of weighing the evidence is the province of the ALJ”
Show 32 more citing cases
Retrieving the full opinion text from the archive…
Robert Lee CHAMBLISS, Plaintiff-Appellant,
v.
Larry G. MASSANARI, Acting Commissioner of Social Security, Defendant-Appellee
00-41420.
Court of Appeals for the Fifth Circuit.
Oct 18, 2001.
Published opinion
269 F.3d 520
2001 U.S. App. LEXIS 22464
2001 WL 1168132
Robert Lee Chambliss, Jefferson, TX, pro se., Linda H. Green, Social Security Administration Office of General Counsel, Dallas, TX, for DefendanL-Appellee.
Jolly, Demoss, Parker.
Cited by 215 opinions  |  Published
Pinpoint authority: #21,101 of 633,719
Citer courts: Fifth Circuit (1) · Kentucky Supreme Court (1) · Court of Appeals of Texas (1)
[*522] PER CURIAM:

Robert Lee Chambliss (“Chambliss”) appeals from the district court’s judgment affirming the denial of his application for disability insurance benefits. He argues that the (1) Administrative Law Judge (“ALJ”) improperly evaluated his allegations of pain; (2) the ALJ did not give appropriate weight to the Veterans Administration’s (“VA”) determination that he was permanently and totally disabled; and (3) the ALJ relied solely on expert witness testimony and not his medical records.

1. Allegations of Pain

The ALJ did not improperly evaluate the claimant’s allegations of pain. Whether pain is disabling is an issue for the ALJ, who has the primary responsibility for resolving conflicts in the evidence. See Carrier v. Sullivan, 944 F.2d 243, 247 (5th Cir.1991). It is within the ALJ’s discretion to determine the disabling nature of a claimant’s pain, and the ALJ’s determination is entitled to considerable deference. See Wren v. Sullivan, 925 F.2d 123, 128 (5th Cir.1991); James v. Bowen, 793 F.2d 702, 706 (5th Cir.1986). The determination whether an applicant is able to work despite some pain is within the province of the administrative agency and should be upheld if supported by substantial evidence. See Jones v. Heckler, 702 F.2d 616, 622 (5th Cir.1983). Moreover, pain must be constant, unremitting, and wholly unresponsive to therapeutic treatment to be disabling. See Falco v. Shalala, 27 F.3d 160, 163 (5th Cir.1994). Subjective complaints of pain must also be corroborated by objective medical evidence. See Houston v. Sullivan, 895 F.2d 1012, 1016 (5th Cir.1989).

In the instant case, the ALJ properly considered Chambliss’ complaints of chest pain. However, the ALJ determined that Chambliss’ statements concerning his impairments, i.e., chest pain, and their impact on his ability to work were “not entirely credible in light of the reports of the treating and examining practitioners and the medical history.” The ALJ concluded that “nothing [in the medical records] shows significant ongoing cardiac problems or any basis for restricting the claimant to less than light work activity, limited by seizure precautions and a restriction from exposure to concentrated pulmonary irritants.” (Tr. At 14). Based upon the medical records in evidence, we find the ALJ’s determination that the claimant’s alleged pain was not sufficient enough to prevent substantial gainful employment to be supported by substantial evidence.

2. VA Disability Determination

A VA rating of total and permanent disability is not legally binding on the Commissioner because the criteria applied by the two agencies is different, but it is evidence that is entitled to a certain amount of weight and must be considered by the ALJ. See Loza v. Apfel, 219 F.3d 378, 394 (5th Cir.2000); Latham v. Shalala, 36 F.3d 482, 483 (5th Cir.1994); Rodriguez v. Schweiker, 640 F.2d 682, 686 (5th Cir.1981). In Rodriguez and its progeny, we have sometimes referred to a VA disability determination as being entitled to “great weight.” While this is true in most cases, the relative weight to be given this type of evidence will vary depending upon the factual circumstances of each case. Since the regulations for disability status differ between the SSA and the VA, ALJs need not give “great weight” to a VA disability determination if they adequately explain the valid reasons for not doing so.

In the case at bar, the ALJ considered the VA’s determination that Chambliss was permanently and totally disabled, but gave it diminished weight. However, the ALJ provided specific reasons for giv[*523] ing the VA determination diminished weight. First, the ALJ noted that the VA disability determination was made only a year after Chambliss’ heart surgery. Second, although not entirely clear from the ALJ’s decision, the ALJ apparently found that the VA disability determination and the treating physician’s opinion that Cham-bliss could not work were “conclusory” in nature because they did not adequately explain why Chambliss could not engage in light work activity. Furthermore, the ALJ evidently discounted the treating physician’s opinion because it was made as part of an application for food stamps (based upon need). Because the ALJ considered the VA disability determination and set forth valid reasons for giving the determination diminished weight, we cannot say that the ALJ erred simply because it did not give “great weight” to the VA disability determination.

S. Inappropriate Weight Given to Expert Witness Testimony

Chambliss argues for the first time in this appeal that the ALJ based his decision solely upon the expert witness’ testimony and not the medical records. As a general rule, this court does not review issues raised for the first time on appeal. See Kinash v. Callahan, 129 F.3d 736, 739 n. 10 (5th Cir.1997). Therefore, it is not necessary to address this issue. [1]

A Conclusion

Our review of the evidence indicates a mixed record concerning Chambliss’ health problems and their impact on his ability to engage in substantial gainful work activity during the relevant time period. However, the task of weighing the evidence is the province of the ALJ. Our job is merely to determine if there is substantial evidence in the record as a whole which supports the ALJ’s decision. See Greenspan v. Shalala, 38 F.3d 232, 240 (5th Cir.1994). Since substantial evidence does exist, the ALJ’s decision is upheld.

AFFIRMED.

1

. We note, however, that Chambliss’ contention is without merit because the ALJ based his decision upon both the testimony elicited from the expert witness as well as claimant’s medical records. The relative weight to be given these pieces of evidence is within the ALJ’s discretion. See Johnson v. Bowen, 864 F.2d 340, 347 (5th Cir.1988).