Benito RODRIGUEZ, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 857 F.2d 275 (5th Cir. 1988). · Go Syfert
Benito RODRIGUEZ, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 857 F.2d 275 (5th Cir. 1988). Cases Citing This Book View Copy Cite
444 citation events (374 in the last 25 years) across 9 distinct courts.
Strongest positive: Fuller v. Commissioner of Social Security (txwd, 2025-03-07)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
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examined Cited as authority (verbatim quote) Fuller v. Commissioner of Social Security
W.D. Tex. · 2025 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review ofa magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party . . . after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) Venegas v. Commissioner of Social Security
W.D. Tex. · 2025 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review ofa magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party . . . after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) Rolin v. Commissioner of Social Security
W.D. Tex. · 2024 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review ofa magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party ... after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) Ramirez v. Commissioner of Social Security Administration
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party ... after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) HERNANDEZ v. Commissioner of the Social Security Administration
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party ... after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) CHAVARRIA v. Commisioner of the Social Security Administration
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party .. . after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) Melkie v. Texas Department Of Criminal Justice
W.D. Tex. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party . . . after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) Elizondo v. Commissioner of the Social Security Administration
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party .. . after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) Martinez v. Commissioner of Social Security Administration
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party .. . after being served with a copy of the magistrate's report.
examined Cited as authority (verbatim quote) Torres v. El Paso Police Department
W.D. Tex. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party .. . after being served with a copy of the magistrate's report.
examined Cited as authority (quoted) Fehr v. Unicorn Freight LLC
W.D. Tex. · 2025 · quote attribution · 1 verbatim quote · confidence low
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party ... after being served with a copy of the magistrate's report.
examined Cited as authority (quoted) Mendoza v. Forrest Co. Jail Med.
S.D. Miss. · 2025 · quote attribution · 1 verbatim quote · confidence low
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party . . . after being served with a copy of the magistrate's report.
examined Cited as authority (quoted) Chisholm v. Cain
S.D. Miss. · 2023 · quote attribution · 1 verbatim quote · confidence low
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party ... after being served with a copy of the magistrate's report.
examined Cited as authority (quoted) Griffith v. Winborne
S.D. Miss. · 2023 · quote attribution · 1 verbatim quote · confidence low
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party ... after being served with a copy of the magistrate's report.
examined Cited as authority (quoted) Castaneda v. Rosales
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence low
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party . . . after being served with a copy of the magistrate's report.
examined Cited as authority (quoted) Newberry v. The City of Georgetown
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence low
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party . . . after being served with a copy of the magistrate's report.
examined Cited as authority (quoted) HUDNALL v. STATE OF TEXAS
W.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence low
party is not entitled to de novo review of a magistrate's finding and recommendations if objections are not raised in writing by the aggrieved party . . . after being served with a copy of the magistrate's report.
discussed Cited as authority (rule) Ben Ventura v. Fran Vella-Marrone, et al.
N.D. Miss. · 2026 · confidence medium
A party’s failure to file written objections to the proposed findings, conclusions, and recommendations in a magistrate judge’s report and recommendation within 14 days after being served with a copy bars that party from: (1) entitlement to de novo review by a district judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1998), and (2) appellate review, except on grounds of plain error, of unobjected-to proposed factual findings and legal conclusions accept by the district court. . . .” Douglass v. United States Automobile Association, 79 F.3…
discussed Cited as authority (rule) Lucy Clark v. Michael Rosenthal, et al.
N.D. Miss. · 2026 · confidence medium
A party’s failure to file written objections to the proposed findings, conclusions, and recommendations in a magistrate judge’s report and recommendation within 14 days after being served with a copy bars that party from: (1) entitlement to de novo review by a district judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1998), and (2) appellate review, except on grounds of plain error, of unobjected-to proposed factual findings and legal conclusions accept by the district court. . . .” Douglass v. United States Automobile Association, 79 F.3…
cited Cited as authority (rule) J.B. Black v. TransUnion LLC and Experian Information Solutions, Inc.
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Jennifer Ricon v. Genaro James Prieto
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 2776-77 (5th Cir. 1988).
cited Cited as authority (rule) Meriani Meriani v. Kristi Noem, et al.
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Diektrich M. v. Frank J. Bisignano, Commissioner of the Social Security Administration
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Joshua H. v. Frank Bisignano, Commissioner of the Social Security Administration
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Floyd Irvin Sanders Jr. v. Phillip Cash, et al.
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Jennifer Tusa et al. v. Robert Weems
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Ronald Bob v. Deutsche Bank National Trust Company, et al.
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) John Allen, Jr., et al. v. Justin Thomas Hayes
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Nathuram Babalya Mane v. Joseph Edlow, Director, US Citizenship and Immigration Services
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Cassandra Whitaker, as Putative Representative of the Estate of Nashyra Whitaker v. Bianca Farmer, et al.
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
discussed Cited as authority (rule) Geneva Hawthorne v. Hiatt Law Group ATL
N.D. Miss. · 2026 · confidence medium
A party’s failure to file written objections to the proposed findings, conclusions, and recommendations in a magistrate judge’s report and recommendation by February 16, 2026 bars that party from: (1) entitlement to de novo review by a district judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1998), and (2) appellate review, except on grounds of plain error, of unobjected-to proposed factual findings and legal conclusions accept by the district court. . . .” Douglass v. United States Automobile Association, 79 F.3d 1415, 1428-29 (5th Cir.…
cited Cited as authority (rule) Steve Calderone v. Nationwide Fund Recovery
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
discussed Cited as authority (rule) Derrick Scranton v. Richard Hale, et al.
N.D. Tex. · 2026 · confidence medium
Ass’n, 79 F.3d 1415, 1428-29 (Sth Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (Sth Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (Sth Cir. 1988).
discussed Cited as authority (rule) Marvin D. Price v. Potter County Sheriff Brian Thomas, et al.
N.D. Tex. · 2026 · confidence medium
Ass’n, 79 F.3d 1415 , 1428–29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
discussed Cited as authority (rule) Corey Keith v. Director, TDCJ-CID
N.D. Tex. · 2026 · confidence medium
Ass’n, 79 F.3d 1415 , 1428–29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Santano Galo v. Dunn-Wright & Associates, LLC
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140 , 147—49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (6th Cir. 1988).
cited Cited as authority (rule) Bria Ratcliff, as Power of Attorney for Frances St. Amand v. EKRE of TX, LLC
S.D. Tex. · 2026 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
discussed Cited as authority (rule) Mickey Ray Taylor v. John Doe, et al.
N.D. Tex. · 2025 · confidence medium
Ass’n, 79 F.3d 1415 , 1428–29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Miguel Angel Marban Romero v. Joseph B. Edlow
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Bria Ratcliff, as Power of Attorney for Frances St. Amand v. EKRE of TX, LLC
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Tremaine Gordon and Cynthia L. Covington v. Lowe’s Home Centers, LLC, et al.
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
discussed Cited as authority (rule) Michael Logan Lowery v. Isabel Gallegos, et al.
N.D. Tex. · 2025 · confidence medium
Ass’n, 79 F.3d 1415 , 1428–29 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Seventh Coast Ventures LLC v. Xiamen Daysun Industrial Co., LTD, et al.
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Alcorta Express Trust d/b/a Aurora Maria Sarmiento, and Aurora Sarmiento as Settlor of the Alcorta Express Trust v. Gold Quest Group LLC, et al.
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (6th Cir. 1988).
discussed Cited as authority (rule) NEWREZ, LLC, d/b/a SHELLPOINT MORTGAGE SERVICING v. MARISSA STEWART and THE UNITED STATES OF AMERICA
N.D. Tex. · 2025 · confidence medium
Ass’n, 79 F.3d 1415, 1428-29 (Sth Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (Sth Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (Sth Cir. 1988).
cited Cited as authority (rule) In the Matter of Freedom Marine Solutions, L.L.C., as the Operator of the M/V FMS COURAGE, Praying for Exoneration from and/or Limitation of Liability
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
cited Cited as authority (rule) Bria Ratcliff, as Power of Attorney for Frances St. Amand v. EKRE of TX, LLC
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 U.S. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
discussed Cited as authority (rule) Richard Eli Tarvin v. Director, TDCJ
N.D. Tex. · 2025 · confidence medium
Ass’n, 79 F.3d 1415, 1428-29 (Sth Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (Sth Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (Sth Cir. 1988).
discussed Cited as authority (rule) James Ray Demps v. Victorio R. Gallegos Jr.
N.D. Tex. · 2025 · confidence medium
Ass’n, 79 F.3d 1415, 1428-29 (Sth Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636 (b)(1), as recognized in ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512 , 521 n.5 (Sth Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (Sth Cir. 1988).
cited Cited as authority (rule) Sarah Manson v. Volkswagen of America, Inc.
S.D. Tex. · 2025 · confidence medium
See Thomas v. Arn, 474 US. 140, 147-49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988).
Retrieving the full opinion text from the archive…
23 soc.sec.rep.ser. 54, unempl.ins.rep. Cch 14215a Benito Rodriguez
v.
Otis R. Bowen, M.D., Secretary of Health and Human Services
88-1070.
Court of Appeals for the Fifth Circuit.
Oct 14, 1988.
857 F.2d 275
Mary Ellen Felps, Austin, Tex., for plaintiff-appellant., Nathan K. Kobin, Atty., Dept, of Health and Human Services, Baltimore, Md., for defendant-appellee.
Clark, Johnson, Jolly.
Cited by 410 opinions  |  Published
2 passages pin-cited by 7 cases
Pinpoint authority: #7,165 of 633,719
Citer courts: W.D. Texas (4) · S.D. Mississippi (3)
JOHNSON, Circuit Judge:

Plaintiff Benito Rodriguez appeals an order by the district court granting the Secretary of Health and Human Services’ motion for summary judgment and affirming the Secretary’s denial of Rodriguez’s claim for disability benefits. We find that the Secretary’s decision to deny benefits to Rodriguez was supported by substantial evidence and consequently, we affirm.

I. FACTS AND PROCEDURAL HISTORY

Rodriguez filed an application for disability insurance benefits on September 27, 1984, because of recurring back problems. When Rodriguez's claim was disapproved, he pursued and exhausted his administrative remedies. Seeking further relief, Rodriguez complained to the district court whereupon the case was referred for findings and recommendations by the magistrate. The magistrate’s report endorsed the conclusions reached by the administrative law judge (AU) that Rodriguez’s impairments did not meet or equal the criteria of 20 C.F.R. § 404, Subpart P, Appendix 1, § 1.05(C). The magistrate’s report also advised Rodriguez that pursuant to 28 U.S.C. § 636(b)(1), any objections to the findings contained in the report would need to be filed with the district court in writing within ten days of the receipt of the report.

Approximately thirty days after Rodriguez’s counsel received the report, objections to the report by Rodriguez were filed. Noting the late objections, the district court nonetheless conducted a de novo review of the case and concluded that the magistrate’s recommendations were on target. The court approved and adopted those findings and granted the Secretary’s motion for summary judgment. Rodriguez’s subsequent motion for rehearing was denied and he now appeals the order granting the Secretary’s motion for summary judgment.

II. DISCUSSION

It is the rule in this Circuit that a party is not entitled to de novo review of a magistrate’s finding and recommendations[*277] if objections are not raised in writing by the aggrieved party within ten days after being served with a copy of the magistrate’s report. Nettles v. Wainwright, 677 F.2d 404, 410 (5th Cir.1982) (en banc). Similarly, the failure by the aggrieved party to file written objections to proposed findings and recommendations of a magistrate shall bar appellate review of the magistrate’s factual findings accepted or adopted by the district court except on grounds of plain error or manifest injustice. To invoke the bar, the magistrate’s report must specifically advise the parties that objections must be so filed. Id.

Efficient judicial administration is encouraged by this rule. A party cannot raise for the first time on appeal challenges to factual findings not previously raised. This Court in Nettles expressed the rationale accordingly, “[w]e will not sit idly by and observe the ‘sandbagging’ of district judges when an appellant fails to object to a magistrate’s report in the district court and then undertakes to raise his objections for the first time in this court.” Id. at 410.

In the instant case, Rodriguez does not challenge the magistrate’s report for the first time on appeal. His objections, albeit somewhat belated, were otherwise properly filed in the district court and were taken into account by that court in its de novo review. Since we find nothing in the record to the contrary, we assume that the district court exercised its discretion and allowed the filing of Rodriguez’s objection after the ten day period.

A claimant of disability benefits under the Social Security Act bears the burden of showing that he or she is unable to engage in “any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to ... last for a continuous period of not less than twelve months.” 42 U.S.C. § 423(d)(1)(A). Upon a showing by the claimant that he or she is no longer able to continue prior employment, the burden shifts to the Secretary to show that the claimant can engage in some other type of substantial gainful activity. Jones v. Heckler, 702 F.2d 616, 620 (5th Cir.1983); Western v. Harris, 633 F.2d 1204, 1206 (5th Cir.1981). Review by this Court of the Secretary’s decision is limited to the determination of whether there was substantial evidence in the record to support the decision. 42 U.S.C. § 405(g); Cook v. Heckler, 750 F.2d 391, 392 (5th Cir.1985); Jones, 702 F.2d at 620. Substantial evidence has been defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Marcello v. Bowen, 803 F.2d 851, 853 (5th Cir.1986).

It is undisputed that Rodriguez suffers from physical impairments. Indeed, those impairments may prevent Rodriguez from engaging in certain activity. The AU, however, properly found that the impairments were not disabling per se since they did not conform to the requisite criteria set forth in the applicable regulations. [1] The AU further found that Rodriguez has no non-exertional limitations and is capable of performing a full range of sedentary work. Moreover, the AU noted that Section 404.1569 of Regulation No. 4, and Rule 201.23, Table No. 1 of Appendix 2, Subpart P, Regulation No. 4, as applied to Rodriguez’s circumstances direct a conclusion that he is not disabled.

Turning now to Rodriguez’s specific allegations that the AU’s findings are not supported by substantial evidence, this Court perceives four complaints. Rodriguez alleges that the AU erred in finding that there was no evidence of muscle spasm of sufficient duration. [2] Rodriguez[*278] also argues that the record contains no evidence that he is capable of engaging in sedentary work. Further, Rodriguez contends that the magistrate’s report did not reflect the method by which the determination was made that such jobs exist in the workplace. Lastly, Rodriguez complains that the magistrate failed to take into account Rodriguez’s purported chronic pain. We now address each of his contentions.

Rodriguez insists that the magistrate’s finding that there was no evidence of muscle spasm occurring after August 1984 was clearly erroneous. In support of his contention, Rodriguez points to a medical report prepared by his treating physician dated October 3,1984, and insists that because the report references muscle spasm and carries an October date, it confirms the existence of muscle spasm in October. We do not agree. A careful reading of the treating physician’s report reveals that although the report is dated October 3, 1984, it describes the results of a medical examination conducted the previous July. Since this report is the only basis for Rodriguez's claim that muscle spasms continued into October, the argument fails.

Rodriguez next complains that there is no evidence in the record to support the finding that he was capable of performing alternative gainful activity, namely sedentary work. A report by a consulting physician retained by the Secretary, however, indicates otherwise. That report states in unequivocal language that Rodriguez’s physical condition allows him to “sit” several hours a day. Additionally, the report indicates that Rodriguez is capable of standing or walking between four and six hours without interruption in an eight hour day and that he is capable of lifting between five and fifteen pounds of weight periodically. Thus, the magistrate’s finding that Rodriguez is capable of functioning in a sedentary job is likewise amply supported by evidence.

In his third objection to the findings of the magistrate, Rodriguez alleges that although there was a finding of severe impairment, there is nothing in the record which indicates that the correct legal standard was applied to reach that conclusion. Such a complaint is of little moment since a finding of severe impairment was to Rodriguez’s advantage. [3] Moreover, the magistrate’s report clearly reflects that the correct legal standard was used. See Stone v. Heckler, 752 F.2d 1099 (5th Cir.1985).

In his fourth objection, Rodriguez argues that the AU failed to indicate how the determination was made that alternative jobs existed in the workplace that would be suitable for Rodriguez. When findings of fact are made as to a claimant’s age, education, transferability of skills, work experience and residual functional capacity are made, and those findings coincide with the criteria of a medical-vocational rule, then that rule dictates the proper conclusion to be reached with respect to disability. Because such findings were made by the AU in the instant case, the existence of jobs in the economy for a particular claimant may be established by administrative notice. Jones at 622; see also, Salinas v. Schweiker, 662 F.2d 345, 348 (5th Cir.1981); 20 C.F.R. § 416.969 (1982).

Rodriguez’s last objection to the magistrate’s report argues that the AU did not properly deal with the issue of chronic pain as a disabling condition. As the district court noted, while pain can be a disabling condition, Cook v. Heckler, 750 F.2d 391 (5th Cir.1985), all pain is not disabling. Carry v. Heckler, 750 F.2d 479, 485 (5th Cir.1985). The fact that a claimant experiences some pain or discomfort on the job does not compel a finding of disability. Barajas v. Heckler, 738 F.2d 641, 644 (5th[*279] Cir.1984). A plaintiffs allegations of pain must be evaluated against the other evidence in the record. Laffoon v. California, 558 F.2d 253, 255 (5th Cir.1977). In the instant case, the AU considered the evidence and found that Rodriguez’s allegation of disabling pain was neither persuasive or credible. The AU’s findings on this issue are to be accorded considerable deference. Dellolio v. Heckler, 705 F.2d 123, 127 (5th Cir.1983).

III. CONCLUSION

We find that the Secretary’s determination that Rodriguez was not disabled within the meaning of the Social Security Act to be supported by substantial evidence. For the reasons cited herein, we affirm the district court’s order granting the Secretary’s motion for summary judgment and therefore, because it has become moot, deny the Secretary’s motion to dismiss the appeal.

AFFIRMED.

1

. 20 C.F.R. Part 404, Subpart P, Appendix 1.

2

. Persistent spinal muscle spasm is a requirement for a finding of disability per se. The pertinent guidelines are as follows:

1.05 DISORDERS OF THE SPINE
C. Other vertebrogenic disorders (e.g. herniated nucleus pulposus, spinal stenosis) with the following persisting for at least 3 months despite prescribed therapy and expected to last 12 months. With both 1 and 2:
1. Pain, muscle spasm, and significant limitation of motion in the spine; and
2. Appropriate radicular distribution of significant motor loss with muscle weakness and sensory and reflex loss.

20 C.F.R. § 404, Subpart P, Appendix 1 (emphasis added).

3

. Evaluation consists of the following five steps. A finding of nonimpairment at the second step would have terminated the process—

1) whether the claimant is working;
2) whether the claimant has a severe impairment;
3) whether the impairment meets or equals one of the disabling per se impairments listed by the regulations;
4) whether the impairment prevents the claimant from doing past relevant work; and
5) whether the impairment prevents the claimant from doing other work.

20 C.F.R. § 404.1520.