At page 362 Defining disability beyond mere inability to work97 citing cases[D]isability requires more than mere inability to work without pain. To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.
- Coffey v. O'Malley, No. 1:24-cv-11199 (N.D. Ill. Apr. 30, 2025).(... disability requires more than mere inability to work without pain)
- Pietrucha v. O'Malley, No. 1:21-cv-03557 (N.D. Ill. Mar. 8, 2024).(. . . disability requires more than mere inability to work without pain)
- Aponte v. Kijakazi, No. 1:22-cv-05178 (N.D. Ill. July 14, 2023).(disability requires more than mere inability to work without pain)
- Clancy v. Kijakazi, No. 1:22-cv-05096 (N.D. Ill. July 14, 2023).(disability requires more than mere inability to work without pain)
- Haywood v. Kijakazi, No. 1:21-cv-04587 (N.D. Ill. Sept. 21, 2022).(disability requires more than 22 mere inability to work without pain)
- Smith v. Soc. Sec. Admin., No. 4:20-cv-00203 (N.D. Okla. Oct. 18, 2021).([D]isability requires more than mere inability to work without pain. To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.)
- Hernandez, No. 2:24-cv-01191 (D.N.M. Feb. 27, 2026). See Brown v. Bowen, 801 F.2d 361 , 362-63 (10th Cir. 1986) (“[D]isability requires more than mere inability to work without pain.
- Higgins, No. 6:24-cv-00480 (E.D. Okla. Mar. 19, 2026).The Commissioner, citing Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986), argues that pain is not a functional limitation but an “issue for an ALJ to consider . . . whether a claimant’s pain is so severe as to cause functional loss.”…
- Padilla v. Soc. Sec. Admin., No. 1:24-cv-00658 (D.N.M. Sept. 22, 2025).To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986) (quotation omitted).
- Dixon v. Comm'r of Soc. Sec. Admin., No. 5:25-cv-00356 (W.D. Okla. Sept. 19, 2025).And although his allegations of back pain are “consistent with imaging confirming lumbar degenerative disc disease,” “he ambulated without difficulty.” Id. “[D]isability requires more than the mere inability to work without pain.” Brown v.…
Show 86 more citing cases
- Padilla v. Soc. Sec. Admin., No. 1:24-cv-00658 (D.N.M. Aug. 6, 2025).To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986) (quotation omitted).
- Toledo v. Comm'r, SSA, No. 24-5001, 2024 WL 4357913 (10th Cir. Oct. 1, 2024).unpublished“Substantial evidence is more than a scintilla; it is such relevant evidence as a reasonable mind might deem adequate to support a conclusion.” Brown v. Bowen, 801 F.2d 361, 362 (10th Cir. 1986).
- Hawkins v. Comm'r, Soc. Sec. Admin., No. 1:22-cv-01116 (D. Colo. Feb. 7, 2023).It is well established that “disability requires more than mere inability to work without pain,” Brown v. Bowen, 801 F.2d 361, 362 (10th Cir. 1986), and the ALJ was not bound to accept Plaintiff’s subjective allegations of pain in the abse…
- Farley v. Saul, No. 1:20-cv-05365 (N.D. Ill. Aug. 2, 2022).(disability requires more than mere inability to work without pain)
- David v. Saul, No. 2021-0464 (D.D.C. Mar. 29, 2022).publishedColo. May 29, 2020) (“‘[D]isability requires more than mere inability to work without pain,’ and an RFC is an assessment of the most a claimant can do despite his or her limitations.” (alteration in original) (internal citation omitted) (q…
- Oneal v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-03179 (D. Colo. Feb. 10, 2022).The Court finds the hypotheticals in this case do just that. 4 After all, “disability requires more than mere inability to work without pain.” Brown v. Bowen, 801 F.2d 361, 362 (10th Cir. 1986); see also Turner v. Colvin, 2013 WL 5511462 ,…
- Chavira v. Soc. Sec. Admin., No. 2:20-cv-00563 (D.N.M. Jan. 10, 2022). See doc. 23 at 11-12 (citing Hendron v. Colvin, 767 F.3d 951 , 954- 56 (10th Cir. 2014), for the proposition that the ALJ’s evaluation was adequate because it “sufficiently described Plaintiff’s own reports about her abilities and then dis…
- Gillard v. Comm'r of the Soc. Sec. Admin., No. 5:20-cv-01030 (W.D. Okla. Oct. 7, 2021).The ALJ considered Plaintiff’s subjective complaints of pain, noting, together with Plaintiff’s specific complaints of back and joint pain and migraines, that she “is in constant pain and any form of exertion makes her physically sick” and…
- Bottom v. SSA, No. 5:19-cv-00450 (E.D. Ky. July 30, 2021).Indeed, “disability requires more than the mere inability to work without pain.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986).
- Hansen v. Soc. Sec. Admin., Comm'r of, No. 6:20-cv-01099 (D. Kan. Dec. 22, 2020).To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.” Id. (quoting Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986)).
- Petersen v. Saul, No. 1:19-cv-00123 (D. Utah Nov. 10, 2020).As discussed, “disability requires more than the mere inability to work without pain.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986).
- v. Rocky Mountain Hosp. & Med. Serv., Inc., No. 1:18-cv-02363 (D. Colo. Nov. 3, 2020).Admin., 818 F. App’x at 844 (citing Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986)).
- Romero v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-02912 (D. Colo. Nov. 3, 2020).Admin., 818 F. App’x at 844 (citing Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir. 1986)).
- Trujillo v. Comm'r, SSA, 818 F. App'x 835 (10th Cir. 2020).unpublishedTo be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.” Brown v. Bowen, 7 Trujillo complains that the ALJ did not discuss SSR 12-2p, but it is clear f…
- Rodriguez v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-02880 (D. Colo. May 29, 2020).The ALJ determined that Plaintiffs impairments could reasonably be expected to erode his functional ability, but nevertheless concluded he was not as limited as he alleged. “[D]isability requires more than mere inability to work without pa…
- Speaker v. Comm'r, Soc. Sec. Admin., No. 1:19-cv-01504, 2020 WL 1138508 (D. Colo. Mar. 9, 2020).Plaintiff has not identified substantial evidence in the record that her pain prevented her from working.1 “[D]isability requires more than mere inability to work without pain.” Brown v. Brown, 801 F.2d 361, 362-63 (10th Cir. 1986).
- Bevel v. Comm'r of Soc. Sec. Admin., No. 5:18-cv-01172 (W.D. Okla. Sept. 27, 2019).“[D]isability requires more than mere inability to work without pain”
- Cheasebro v. Comm'r, Soc. Sec. Admin., No. 1:18-cv-01892 (D. Colo. Aug. 22, 2019).Thus, the Court finds the ALJ’s conclusions are supported by substantial evidence and sees no error in the ALJ’s treatment of the evidence, including Mr. Cheasebro’s allegations regarding his pain and its limiting effects. “‘[DJ]isability…
- Romo v. Berryhill, No. 17-1354 (10th Cir. Sept. 5, 2018).unpublishedMs. Romo undoubtedly has chronic pain, but “[t]o be disabling, [the] pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th…
- Razo v. Colvin, 663 F. App'x 710 (10th Cir. 2016).unpublishedWe conclude that the ALJ properly evaluated the evidence concerning Mr. Razo’s complaints of disabling pain and that substantial evidence supports the determination that Mr. Razo’s pain was not disabling. “[Disability requires more than me…
- Manning v. Colvin, 182 F. Supp. 3d 1156 (D. Colo. 2016).publishedAlthough plaintiff plainly still suffers from pain related to her impairments, “disability requires more than mere inability to work without pain.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.1986) (citation and internal quotation marks…
- Fernandez v. Colvin, 642 F. App'x 878 (10th Cir. 2016).unpublishedHowever, findings as to credibility should be closely and affirmatively linked to substantial evidence and not just a conclusion in the guise of findings.” Newbold v. Colvin, 718 F.3d 1257, 1267 (10th Cir.2013) (internal quotation marks om…
- Perotin v. Colvin, 110 F. Supp. 3d 1048 (D. Colo. 2015).published(Tr. 15-16.) She credited that plaintiff suffered from pain, but noted, appropriately, that “disability is not the inability to work without any pain.” (Tr. 19.) See Qantu v. Barnhart, 72 Fed.Appx. 807, 811 (10th Cir.2003); Brown v. Bowen,…
- Brown v. Colvin, 82 F. Supp. 3d 1274 (D. Colo. 2015).publishedORDERS Although there is no doubt that plaintiff suffered from pain and other ill effects of his various impairments, “disability requires more than mere inability to work without pain.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.1986)…
- Carter v. Colvin, 27 F. Supp. 3d 1142 (D. Colo. 2014).published(Tr. 268, 495-496.) All of this evidence is more than adequate to support the ALJ’s credibility determination. 18 Thus, although there is no doubt that plaintiff continues to suffer from pain related to her impairments, “disability require…
- Wade v. Colvin, 26 F. Supp. 3d 1073 (D. Colo. 2014).published(Tr. 40-45.) Although there is no doubt that plaintiff continues suffer from pain and other effects of her impairments, “disability requires more than mere inability to work without pain.” Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.198…
- Cortez v. Astrue, 848 F. Supp. 2d 1302 (D. Colo. 2012).publishedTo qualify a claimant as disabled, her pain must be so severe “by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.” Talley v. Sullivan, 908 F.2d 585, 587 (10th Cir.1990) (citing Brown v. B…
- Buck v. Barnhart, 238 F. Supp. 2d 1255 (D. Kan. 2002).publishedBrown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.1986). 18 .
- Bentley v. Apfel, 106 F. Supp. 2d 371 (D. Conn. 2000).publishedBrown v. Bowen, 801 F.2d 361, 362 (10th Cir.1986).
- Roundtree v. Apfel, No. 98-6365 (10th Cir. Aug. 27, 1999).unpublishedA finding of disability based on complaints of pain “requires more than mere inability to work without pain. . . . [The] pain must be so severe . . . as to preclude any substantial gainful employment.” Brown v. Bowen , 801 F.2d 361, 362-63…
- Sims v. Apfel, No. 98-7078 (10th Cir. Feb. 8, 1999).unpublishedA finding of disability based on complaints of pain “requires more than mere inability to work without pain. . . . [The pain must be] so severe . . . as to preclude any substantial gainful employment.” Brown v. Bowen , 801 F.2d 361, 362-63…
- Fessler v. Apfel, 11 F. Supp. 2d 1244 (D. Colo. 1998).published(Def.’s Br. at 5, 7-8,13.) “‘Credibility is the province of the ALJ.’” Musgrave, 966 F.2d at 1376 (quoting Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.1986)).
- Pasillas v. Shalala, 993 F. Supp. 1327 (D. Colo. 1998).publishedBrown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.1986).
- Underwood v. Shalala, 985 F. Supp. 970 (D. Colo. 1997).publishedBrown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.1986).
- Hauk v. Chater, 894 F. Supp. 407 (D. Kan. 1995).published“To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.” Brown v. Bowen, 801 F.2d 361, 362-363 (10th Cir.1986) (quoting Dumas v. Schweiker, 712 F.2d 1…
- Patricia D. McGill v. Shirley S. Chater, Comm'r of Soc. Sec., 1, 52 F.3d 338 (10th Cir. 1995).publishedMs. McGill bears the burden of proving her disability, see Channel v. Heckler, 747 F.2d 577, 579 (10th Cir.1984), and it is not our job to judge her credibility, see Brown v. Bowen, 801 F.2d 361, 362-63 (10th Cir.1986). 7 Having reviewed t…
- Hammond v. Comptroller of the Currency, 878 F. Supp. 1438 (D. Kan. 1995).publishedSubstantial evidence has been defined as “such relevant evidence as a reasonable mind might deem adequate to support a conclusion.” See Jordan v. Heckler, 835 F.2d 1314, 1316 (10th Cir.1987); Brown v. Bowen, 801 F.2d 361, 362 (10th Cir.198…
- Skaggs v. Apfel, No. 98-7188 (10th Cir. Sept. 8, 1999).unpublished
- Sanchez v. Apfel, No. 99-2236 (10th Cir. Apr. 13, 2000).unpublished
- Allen v. Apfel, No. 99-3249, 2000 WL 796081 (10th Cir. June 21, 2000).unpublished
- Lowe v. Apfel, No. 99-7104 (10th Cir. June 23, 2000).unpublished
- Benjamin S. GOSSETT, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y, Dep't of Health & Human Servs., Defendant-Appellee, 862 F.2d 802 (10th Cir. 1989).published
- Rhonda Kay RAY, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y, Dep't of Health & Human Servs., Defendant-Appellee, 865 F.2d 222 (10th Cir. 1989).published
- Herbert C. FOWLER, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 876 F.2d 1451 (10th Cir. 1989).published
- James STUCKEY, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 881 F.2d 506 (7th Cir. 1989).published
- Wanda TALLEY, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 908 F.2d 585 (10th Cir. 1990).published
- Robert L. ELLISON, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 929 F.2d 534 (10th Cir. 1991).published
- Gloria J. Galloway v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 930 F.2d 33 (10th Cir. 1991).unpublished
- Donald G. Hargis v. Louis W. Sullivan, Sec'y of Health & Human Servs., 945 F.2d 1482 (10th Cir. 1991).published
- David W. Musgrave v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 966 F.2d 1371 (10th Cir. 1992).published
- William Knight v. Louis W. Sullivan, M.D., Sec'y, Dep't of Health & Human Servs., 974 F.2d 1345 (10th Cir. 1992).published
- Johnny C. Shockley v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 978 F.2d 1268 (10th Cir. 1992).published
- Loretta A. Garrison v. Donna E. Shalala, Sec'y of Health & Human Servs., 999 F.2d 547 (10th Cir. 1993).published
- Charles Washington v. Donna E. Shalala, Sec'y of Health & Human Servs., 1 F.3d 1250 (10th Cir. 1993).published
- Steven L. Hunt v. Donna E. Shalala, Sec'y of Health & Human Servs., 5 F.3d 546 (10th Cir. 1993).published
- Gilbert R. Lamb v. Donna E. Shalala, Sec'y of Health & Human Servs., 5 F.3d 546 (10th Cir. 1993).published
- Ruth W. Fitter v. Donna E. Shalala, Sec'y of Health & Human Servs., 5 F.3d 547 (10th Cir. 1993).published
- George P. Slocum v. Sec'y of Health & Human Servs., 9 F.3d 117 (10th Cir. 1993).published
- Jean E. Wahl v. United States Dep't of Health & Human Servs., Donna E. Shalala, Sec'y, 9 F.3d 119 (10th Cir. 1993).published
- Sisco v. United States Dep't of Health & Human Servs., 10 F.3d 739 (10th Cir. 1993).published
- Michael Dale Adams v. Sec'y of Health & Human Servs., 13 F.3d 404 (10th Cir. 1993).published
- Harrison L. Burrall v. Donna Shalala, Sec'y of Health & Human Servs., 13 F.3d 404 (10th Cir. 1993).published
- Frank C. Torres v. Sec'y of the United States Dep't of Health & Human Servs., 17 F.3d 1437 (10th Cir. 1994).published
- Sherry E. Garton v. Donna E. Shalala, Sec. of Health & Human Servs., 19 F.3d 1443 (10th Cir. 1994).published
- Affie Thomas v. Sec'y of Health & Human Servs., 21 F.3d 1122 (10th Cir. 1994).published
- Marvin M. Burnett v. Donna E. Shalala, Sec'y of Health & Human Servs., 33 F.3d 62 (10th Cir. 1994).published
- Sheila Craighead v. Shirley S. Chater, Comm'r of Soc. Sec., 1, 52 F.3d 337 (10th Cir. 1995).published
- Evans v. Bowen, 675 F. Supp. 1117 (N.D. Ill. 1987).published
- Stratton v. Sullivan, 766 F. Supp. 1042 (W.D. Okla. 1991).published
- Hadden v. Bowen, 657 F. Supp. 679 (D. Utah 1987).published
- Tucker v. Sullivan, 779 F. Supp. 1290 (D. Kan. 1991).published
- Hector v. Barnhart, 337 F. Supp. 2d 905 (S.D. Tex. 2004).published
- Mays v. Colvin, 739 F.3d 569 (10th Cir. 2014).published
- Rose v. Colvin, 634 F. App'x 632 (10th Cir. 2015).unpublished
- Allen v. Berryhill, 687 F. App'x 723 (10th Cir. 2017).unpublished
- Sandy v. Bowen, 725 F. Supp. 1124 (D. Kan. 1989).published
- Kinney ex rel. Kinney v. Sullivan, 746 F. Supp. 1067 (W.D. Okla. 1990).published
- Kunges v. Sullivan, 771 F. Supp. 1114 (D. Colo. 1991).published
- Sumpter v. Bowen, 703 F. Supp. 1485 (D. Wyo. 1989).published
- Mohead v. Kijakazi, No. 1:22-cv-06279 (N.D. Ill. July 24, 2023).
- Grayson v. Comm'r of Soc. Sec. Admin., No. 5:23-cv-00865 (W.D. Okla. Apr. 30, 2024).
- Fetter v. United of Omaha Life Ins. Co., No. 2:20-cv-00633 (E.D. Wis. May 7, 2021).
- Rich v. Comm'r, Soc. Sec. Admin., No. 1:23-cv-03401 (D. Colo. Feb. 19, 2025).
- Hamilton, No. 6:25-cv-01052 (D. Kan. Oct. 20, 2025).
- Virginia Wilkerson v. Louis W. Sullivan, M.D., Sec'y of the Dep't of Health & Human Servs., 956 F.2d 279 (10th Cir. 1992).published
- Webb v. Bowen, 683 F. Supp. 1319 (D. Kan. 1988).published
At page 363 Evaluating credibility and sufficiency of pain complaints17 citing casesthat ALJ did not "fully itemize" claimant's impairments did not make hypothetical defective
- Reece v. Apfel, 92 F. Supp. 2d 1174 (D. Kan. 2000).publishedBrown v. Bowen, 801 F.2d 361, 363 (10th Cir.1986).
- Michael Burns v. Donna Shalala, Sec'y, Health & Human Servs., 39 F.3d 1191 (10th Cir. 1994).publishedMoreover, a claimant's subjective complaint of pain is by itself insufficient to establish disability.' " Talley v. Sullivan, 908 F.2d 585, 587 (10th Cir.1990)(quoting Brown v. Bowen, 801 F.2d 361, 363 (10th Cir.1986)). 16 Here, in determi…
- Loretta A. Garrison v. Donna E. Shalala, Sec'y of Health & Human Servs., 999 F.2d 547 (10th Cir. 1993).published
- Sandy v. Bowen, 725 F. Supp. 1124 (D. Kan. 1989).published
- Brenda Lewis v. Louis Sullivan, Sec'y of Health & Human Servs., 977 F.2d 596 (10th Cir. 1992).published
- Robert R. Ashley v. Donna E. Shalala, Sec'y of Health & Human Servs., 999 F.2d 547 (10th Cir. 1993).published
- Darlene L. Snider v. Dep't of Health & Human Servs., Donna Shalala, Sec'y, 13 F.3d 406 (10th Cir. 1993).published
- Kim L. McGough v. Donna E. Shalala, Sec'y of Health & Human Servs., 13 F.3d 406 (10th Cir. 1993).published
- Gloria S. Stowe v. Donna E. Shalala, Sec'y of Health & Human Servs., 13 F.3d 407 (10th Cir. 1993).published
- Lawrence Brainard, Jr. v. Sec'y of Health & Human Servs., Donna Shalala, Sec'y, 25 F.3d 1055 (10th Cir. 1994).published
Show 7 more citing cases
- Craven Chavis v. Donna E. Shalala, Sec'y of Healthhand Human Servs., 28 F.3d 1208 (4th Cir. 1994).unpublished
- Kreie v. Bowen, 656 F. Supp. 765 (D. Kan. 1987).published
- Gutierrez v. Sullivan, 745 F. Supp. 665 (D. Utah 1990).published
- Leggitt v. Sullivan, 812 F. Supp. 1109 (D. Colo. 1993).published
- Preston v. Sullivan, 785 F. Supp. 1267 (S.D. Ohio 1992).published
- Ray v. Soc. Sec. Admin., No. 4:20-cv-00364 (N.D. Okla. Feb. 17, 2022).
- Smith v. SSA, No. CV-95-121-B (D.N.H. Mar. 12, 1996).published
At page 361 “substantial evidence is more than a scintilla; it is such relevant evidence as a reasonable mind might deem adequate to support a conclusion.”2 citing cases
- Hernandez, No. 2:24-cv-01191 (D.N.M. Feb. 27, 2026). “disability requires more than mere inability to work without pain. to be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.”
- Bisbee v. Soc. Sec. Admin., No. 1:20-cv-00155 (D.N.M. Jan. 28, 2021).“disability requires more than mere inability to work without pain.”
[D]isability requires more than mere inability to work without pain. To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.
- Hernandez, No. 2:24-cv-01191 (D.N.M. Feb. 27, 2026). ([D]isability requires more than mere inability to work without pain. To be disabling, pain must be so severe, by itself or in conjunction with other impairments, as to preclude any substantial gainful employment.)
- Bisbee v. Soc. Sec. Admin., No. 1:20-cv-00155 (D.N.M. Jan. 28, 2021).([D]isability requires more than mere inability to work without pain.)
v.
Otis R. Bowen, Secretary of Health and Human Services
This is an appeal from an order and judgment of the United States District Court for the Northern District of Oklahoma affirming a decision of the Secretary of Health and Human Services which denied Jerry D. Brown’s application for Social Security disability benefits. Brown’s initial appeal was remanded by the district court to the Secretary for further hearings, which would include, if deemed essential by the parties, testimony from a vocational expert. On remand, Brown, appearing with counsel, updated his prior testimony concerning his physical condition. Also, David Smith, a vocational expert, testified at length, being first examined by the Administrative Law Judge, and thereafter examined extensively by Brown’s own counsel. The critical issue at this juncture was apparently whether Brown was entitled to disability benefits because of a back injury, or whether, notwithstanding his back problem, Brown could still perform light work available in the national economy. At the conclusion of this hearing on remand, the AU again denied Brown’s application and the Secretary thereafter affirmed the AU’s recommended decision. Brown then sought judicial review of the Secretary’s decision denying disability benefits, and the district court affirmed.
On appeal, Brown raises but one issue: Was there substantial evidence to support the Secretary’s decision in light of the AU’s allegedly improper questioning of the vocational expert, David Smith? Brown asserts that hypothetical questions posed to Smith by the AU were based on incomplete premises concerning Brown’s physical and mental condition in that the AU did not factor into his questions Brown’s claim of pain, and therefore that the Secretary’s decision is not based on substantial evidence.
In reviewing a final decision of the Secretary, the court’s role is limited to a determination of whether the decision is supported by substantial evidence. 42 U.S.C. § 405(g); Cagle v. Califano, 638 F.2d 219, 220 (10th Cir.1981). [1] The reviewing court may not weigh the evidence nor substitute its discretion for that of the agency. 638 F.2d at 220. Substantial evidence is more than a scintilla; it is such relevant evidence as a reasonable mind might deem adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); Teter v. Heckler, 775 F.2d 1104, 1105 (10th Cir.1985).
By way of general background, we note that the vocational expert was not the only witness in the case. There was lay testimony and medical evidence concerning Brown’s degree of disability which did not point towards a finding of total disability. Prior to his injury, Brown had worked for some eleven years in a furniture store where, initially, he had, among his other duties, from time to time moved furniture, and more recently had generally served in a managerial capacity. He injured his back while moving furniture, but there was testimony that notwithstanding the fact that he probably could no longer move furniture, he could perform light work, including clerical, timekeeping or bookkeeping services. Brown asserts that his pain interferes with his ability to work, but disability requires more than mere inability to work without pain. “To be disabling, pain must be so severe, by itself or in conjunc[*363] tion with other impairments, as to preclude any substantial gainful employment.” Dumas v. Schweiker, 712 F.2d 1545, 1552 (2d Cir.1983). See also discussion of what constitutes “disability” in Heckler v. Campbell, 461 U.S. 458, 459-60, 103 S.Ct. 1952, 1953-54, 76 L.Ed.2d 66 (1982).
In regard to the vocational expert’s testimony, we note that both the AU and Brown’s counsel examined the vocational expert at length without objection from the other. Doubtless Brown’s counsel was reluctant to object to the form of questions propounded to the witness by the AU, but, in subsequent cross-examination, counsel had the opportunity to put questions to the witness which would reflect counsel’s understanding of his client’s physical limitations, which is exactly what counsel did. He asked Smith specifically to express an opinion as to Brown’s potential performance in a “sedentary” job, taking into consideration Brown’s allegations of pain. The AU, as the fact finder, had Smith’s testimony with regard to these questions, as well as Smith’s testimony in response to the AU’s hypotheticals to consider. Moreover, in reaching his decision, the AU explicitly considered Brown’s allegations of pain. Although Brown contends that his own credibility should be unquestioned, the Secretary is entitled to examine the medical record and evaluate a claimant’s credibility in determining whether the claimant suffers from disabling pain. Dumas, 712 F.2d at 1553. Moreover, a claimant’s subjective complaint of pain is by itself insufficient to establish disability. [2] 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529; Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir.1985). In the instant case, the Secretary concluded that Brown’s conflicting statements raised a serious question as to his credibility.
In any event, there has been no authority presented to us which would justify reversing this case and remanding it to the AU for further proceedings simply because some questions by the AU were, perhaps, objectionable in form. [3] See Roberts v. Heckler, 783 F.2d 110, 112 (8th Cir.1985), where the Eighth Circuit affirmed a district court’s affirmance of a Secretary’s denial of benefits and, in so doing, rejected the claim that an AU’s hypothetical questions of a vocational expert were improper because they did not set forth all of the claimant’s alleged disabilities. See also Dumas, 712 F.2d at 1553-54 for a discussion of the role of vocational experts.
Our review of the record leads us to conclude that the decision of the Secretary is supported by substantial evidence and that such is not in anywise undermined by the fact that the AU may have asked some hypothetical questions of the vocational expert which did not fully itemize all of the disabilities claimed by Brown. The district court carefully reviewed the entire administrative record and in a detailed seventeen-page opinion concluded that the Secretary’s decision was supported by substantial evidence. We are in accord with the district court’s handling of the matter.
Judgment affirmed.
. The Social Security Act provides that federal courts may review the "final decision" of the Secretary. 42 U.S.C. § 405(g). Pursuant to the Secretary’s rulemaking authority under 42 U.S.C. § 405(a), the Appeals Council has become the final decision-making body. See 20 C.F.R. § 404.900 (1985). In the instant case, the Appeals Council adopted the AU’s recommended decision and it is this action by the Appeals Council which is the final agency decision for review.
. There is no documentation in the record of medical treatment relating to Brown’s back condition for the period from May 1981, when Brown was last treated by his neurosurgeon, until April 1984, the date of the AU's decision. Brown testified that he no longer takes prescription pain medication, but only Tylenol and aspirin; that he is not currently under medical treatment and has not been since surgery was performed on his knee in 1982 for an old football injury; that he has never been to a pain clinic; and that although he owns a back brace, he rarely wears it.
. Brown relies on cases distinguishable from the instant case where the AU relied primarily on the testimony of a vocational expert in determining that disability benefits should be denied and where the hypotheticals posed to the expert were clearly deficient. See, e.g., Podedworny v. Harris, 745 F.2d 210 (3d Cir.1984); Wroblewski v. Califano, 609 F.2d 908 (8th Cir.1979); Gilliam v. Califano, 620 F.2d 691 (8th Cir.1980). Some of these cases and others are distinguished in Dumas v. Schweiker, 712 F.2d 1545, 1554 (2d Cir.1983).