James D. COLEMAN, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 58 F.3d 577 (10th Cir. 1995). · Go Syfert
James D. COLEMAN, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 58 F.3d 577 (10th Cir. 1995). Cases Citing This Book View Copy Cite
103 citation events (77 in the last 25 years) across 8 distinct courts.
Strongest positive: A.B.1 v. Frank Bisignano, Commissioner of Social Security (cod, 2026-03-31)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) A.B.1 v. Frank Bisignano, Commissioner of Social Security
D. Colo. · 2026 · confidence medium
Colo. 2016) (citing Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995) (explaining the medical condition’s “mere presence” is insufficient; rather, the condition “must render claimant unable to engage in any substantial gainful employment”) (modification omitted)).
cited Cited as authority (rule) Barraza v. Social Security Administration
D.N.M. · 2025 · confidence medium
See SSR 12-2p, 2012 WL 3104869 , at *4 July 25, 2012); Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1996).
discussed Cited as authority (rule) Olsen v. King
D. Utah · 2025 · confidence medium
Mr. O. contends these conditions are “debilitating and cause[] a minimal capacity to adapt to changes in his environment or to demands that are not already part of his daily life.”55 He also contends that “[m]entally, he would be unable to respond appropriately to co-workers and work pressures in a work setting on a consistent basis.”56 As an initial matter, the ALJ credited these diagnoses and found these conditions qualified as severe impairments.57 However, these diagnoses do not, on their own, establish disability.58 “Rather, [the condition], alone or in combination with other im…
discussed Cited as authority (rule) Lewis v. Social Security Administration
E.D. Okla. · 2024 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment.); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition), Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(the diagnosis of a condition does not establish disability, the question is whether an impairment significantly limits the ability to work); Scull v. Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpublis…
discussed Cited as authority (rule) Strain v. Social Security Administration
E.D. Okla. · 2024 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment.); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition); Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(the diagnosis of a condition does not establish disability, the question is whether an impairment significantly limits the ability to work); Scull v. Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpublis…
discussed Cited as authority (rule) St Clair v. Social Security Administration
N.D. Okla. · 2023 · confidence medium
Mar. 28, 2022) (citing Coleman v. Charter, 58 F.3d 577, 579 (10th Cir. 2 The ALJ considered, among other things, the report of Plaintiff’s mother that she spent a lot of time with Plaintiff doing various activities, that Plaintiff cares for her brother and grandpa, but that Plaintiff also gets “bad anxiety around lots of people,” “mostly stays home,” and rarely hangs out with friends (R. 27); Plaintiff’s testimony of “problems interacting with customers,” not being able to “work with other people,” and “crying spells once or twice a week and panic attacks” (R. 28); medi…
cited Cited as authority (rule) Kupfer v. Social Security Administration
D.N.M. · 2023 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995). 2.
discussed Cited as authority (rule) Brewer v. Commissioner, Social Security Administration
D. Colo. · 2023 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995) (reasoning that the “mere presence” of a medical condition is not enough to warrant reversal; rather, that the specific condition, “alone or in combination with other impairments, must render [the] claimant unable to engage in any substantial employment” (internal quotations marks omitted)).
discussed Cited as authority (rule) Collier v. Social Security Administration
E.D. Okla. · 2022 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment.); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition); Madrid v. Astrue, 243 F. App’x 387, 392 (10th Cir. 2007)(the diagnosis of a condition does not establish disability, the question is whether an impairment significantly limits the ability to work); Scull v. Apfel, No. 99–7106, 2000 WL 1028250 , at *1…
cited Cited as authority (rule) Camp v. Social Security Administration
N.D. Okla. · 2022 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995).
discussed Cited as authority (rule) Johnson v. Social Security Administration
N.D. Okla. · 2021 · confidence medium
Rather, [the condition], alone or in combination with other impairments, must render claimant unable to engage in any substantial gainful employment.” Id. (alteration in original) (quoting Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)); see also Bales v. Colvin, 576 F. App’x 792, 797 (10th Cir. 2014) (“Ms. Bales fails to explain how Dr. Reddy's findings have any bearing on her functional limitations, such that the ALJ should have specifically discussed those findings in setting her RFC for medium work.”).
discussed Cited as authority (rule) McAfee v. Social Security Administration
E.D. Okla. · 2020 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any 6 substantial gainful employment.); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition), Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(the diagnosis of a condition does not establish disability, the question is whether an impairment significantly limits the ability to work); Scull v. Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpubl…
discussed Cited as authority (rule) Beaumont v. Social Security Administration
E.D. Okla. · 2020 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment.); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition), Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(the diagnosis of a condition does not establish disability, the question is whether an impairment significantly limits the ability to work); Scull v. Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpublis…
discussed Cited as authority (rule) Davis v. Social Security Administration
N.D. Okla. · 2020 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment), Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition), Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(diagnosis of a condition does not establish disability, the question is whether an impairment significantly limits the ability to work), Scull v Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpublished), …
cited Cited as authority (rule) Lopez de Guillen v. Saul
D. Utah · 2020 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995).
discussed Cited as authority (rule) Dorman v. Social Security Administration
N.D. Okla. · 2020 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment), Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition), Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(diagnosis of a condition does not establish disability, the question is whether an impairment significantly limits the ability to work), Scull v. Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpublished),…
discussed Cited as authority (rule) Olson v. Social Security Administration
N.D. Okla. · 2020 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment), Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition), Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(diagnosis of a condition does not 10 establish disability, the question is whether an impairment significantly limits the ability to work), Scull v. Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpublishe…
discussed Cited as authority (rule) Schuring v. Saul
D. Utah · 2019 · confidence medium
Indeed, “the mere [possibility] of [a condition] is not necessarily disabling; rather, [the condition], alone or in combination with other impairments, must render claimant unable to engage in any substantial gainful employment.” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995) (quotations and citations omitted).
discussed Cited as authority (rule) Clayton v. Social Security Administration
E.D. Okla. · 2019 · confidence medium
Rather, [a condition], alone or in combination with other impairments, must render claimant unable to engage in any substantial gainful employment.” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995) [internal citations omitted].
discussed Cited as authority (rule) Carr v. Social Security Administration
N.D. Okla. · 2019 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment), Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988)(the mere diagnosis of arthritis says nothing about the severity of the condition), Madrid v. Astrue, 243 Fed.Appx. 387, 392 (10th Cir. 2007)(diagnosis of a condition does not establish disability, the question 5 is whether an impairment significantly limits the ability to work), Scull v. Apfel, 221 F.3d 1352 (10th Cir. 2000)(unpublished…
discussed Cited as authority (rule) Paulsen v. Colvin
10th Cir. · 2016 · confidence medium
Rather, [the condition], alone or in combination with other impairments, must render claimant unable to engage in any substantial gainful employment.” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995) (citations, brackets and internal quotation marks omitted).
discussed Cited as authority (rule) Bell v. Colvin
10th Cir. · 2016 · confidence medium
However, Bell offers .only mere speculation as to how these diagnoses are related to symptoms she experienced during the relevant time period. “[A] retrospective diagnosis without evidence of actual disability is insufficient.” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995) (quotation omitted).
discussed Cited as authority (rule) Nunez v. Colvin
D. Colo. · 2016 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995) (stating that the “mere presence” of a medical condition is not enough; rather, that condition, “alone or in combination with other impairments, must render [the] claimant unable to engage in any substantial employment” (brackets and internal quotations marks omitted)).
discussed Cited as authority (rule) Walters v. Colvin
10th Cir. · 2015 · confidence medium
Rather, [a condition], alone or in combination with other impairments, must render claimant unable to engage in any substantial gainful employment.” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995) (citations, brackets, and internal quotation marks omitted).
discussed Cited as authority (rule) Garrison v. Colvin
10th Cir. · 2014 · confidence medium
Furthermore, Mr. Garrison’s general argument that the existence of a medical condition directs a conclusion of disability is contrary to law. “[T]he mere presence of [a condition] is not necessarily disabling,” but “alone or in combination with other impairments, must render [claimant] unable to engage in any substantial gainful employment.” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995) (citations and internal quotation marks omitted).
discussed Cited as authority (rule) Eden v. Barnhart
10th Cir. · 2004 · signal: cf. · confidence medium
See Williamson, 350 F.3d at 1100 ; cf. Coleman v. Chater, 58 F.3d 577, 580 (10th Cir.1995) (recognizing that merely because there is psychological overlay to pain does not mean claimant has mental impairment preventing him from working).
discussed Cited as authority (rule) Adame v. Apfel
10th Cir. · 2001 · confidence medium
The court, relying on Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995) and Hoffman v. Apfel, 62 F.Supp.2d 1204, 1207 (D.Kan.1999), concluded that Dr. Padilla’s retrospective diagnosis was without supporting evidence and therefore, insufficient.
discussed Cited as authority (rule) Hoffman v. Apfel
D. Kan. · 1999 · confidence medium
“While ‘a treating physician may provide a retrospective diagnosis of a claimant’s condition,’ a ‘retrospective diagnosis without evidence of actual disability is insufficient.’ ” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995) (quoting Potter v. Secretary of Health & Human Services, 905 F.2d 1346, 1348-9 (10th Cir.1990)).
discussed Cited as authority (rule) Birnell v. Apfel
D. Kan. · 1999 · confidence medium
Although a retrospective diagnosis alone will not support a finding of disability, Coleman v. Chafer, 58 F.3d 577, 579 (10th Cir.1995), other evidence of record combined with a retrospective diagnosis may provide the necessary support.
discussed Cited as authority (rule) Robert ADAMS, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee
10th Cir. · 1996 · confidence medium
“While a treating physician may provide a retrospective diagnosis of a claimant’s condition, a retrospective diagnosis without evidence of actual disability is insufficient.” Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995)(quotation omitted).
cited Cited as authority (rule) Davis v. Chater
10th Cir. · 1996 · signal: cf. · confidence medium
Cf. Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995). 12 The judgment of the United States District Court for the Eastern District of Oklahoma is AFFIRMED. 13 JOHN C.
cited Cited as authority (rule) Suhiyr SALEEM, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee
10th Cir. · 1996 · signal: cf. · confidence medium
Cf. Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.l995)(alcoholism); Soc.
cited Cited as authority (rule) Saleem v. Chater
10th Cir. · 1996 · signal: cf. · confidence medium
Cf. Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995)(alcoholism); Soc.
discussed Cited as authority (rule) Terry v. Blair v. Shirley S. Chater, Commissioner of the Social Security Administration, 1 (2×)
10th Cir. · 1995 · confidence medium
Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995).
discussed Cited as authority (rule) Elmer Brown v. Shirley S. Chater, Commissioner of Social Security, 1 (2×) also: Cited "see"
10th Cir. · 1995 · confidence medium
Rather, alcoholism, alone or in combination with other impairments, must render [claimant] unable to engage in any substantial gainful employment." Coleman, 1995 WL 372930, at * 2 (internal quotations and citations omitted).
cited Cited "see" Barraza v. Social Security Administration
D.N.M. · 2025 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995).
discussed Cited "see" Ojeda v. Social Security Administration
N.D. Okla. · 2024 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988) (“The mere diagnosis of arthritis, of course, says nothing about the severity of the condition.”).
discussed Cited "see" Williams v. Social Security Administration (2×)
E.D. Okla. · 2023 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995) (the mere presence of alcoholism is not necessarily disabling, the impairment must render the claimant unable to engage in any substantial gainful employment).
cited Cited "see" Brown v. Social Security Administration
N.D. Okla. · 2022 · signal: see · confidence high
See Coleman v. Charter, 58 F.3d 577, 579 (10th Cir. 1995).
discussed Cited "see" Wilson v. Social Security Administration
N.D. Okla. · 2022 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988) (“The mere diagnosis of arthritis, of course, says nothing about the severity of the condition.”).
discussed Cited "see" Vaughn v. Social Security Administration
N.D. Okla. · 2022 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988) (“The mere diagnosis of arthritis, of course, says nothing about the severity of the condition.”).
cited Cited "see" Patterson v. Commissioner of the Social Security Administration
W.D. Okla. · 2021 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995).
cited Cited "see" Gillard v. Commissioner of the Social Security Administration
W.D. Okla. · 2021 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995).
discussed Cited "see" Grass v. Social Security Administration
N.D. Okla. · 2021 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988) (“The mere diagnosis of arthritis, of course, says nothing about the severity of the condition.”); e.g., Scull v Apfel, 221 F.3d 1352 , 2000 WL 1028250 , at *1 (10th Cir. 2000) (unpublished) (disability determinations turn on the functional consequences, not the causes of a claimant’s condition).
cited Cited "see" Kies v. Commissioner, Social Security Administration
D. Colo. · 2019 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995); Corral v. Colvin, 2016 WL 1170216 at *5 (D.
discussed Cited "see" Sandoval v. Barnhart
10th Cir. · 2006 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir. 1995) (holding that the mere presence of a condition is not necessarily disabling). 2 “Lumbar facet arthropathy” is more commonly known as degenerative arthritis that affects the facet joints in the spine.
cited Cited "see" Sandoval v. Barnhart
10th Cir. · 2006 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 579 (10th Cir.1995) (holding that the mere presence of a condition is not necessarily disabling).
cited Cited "see" Garza v. Apfel
10th Cir. · 1998 · signal: see · confidence high
See Coleman v. Chater , 58 F.3d 577, 580 (10th Cir. 1995).
cited Cited "see" Francisco Lopeaz v. Kenneth S. Apfel, Commissioner, Social Security Administration
10th Cir. · 1997 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 580 (10th Cir.1995).
cited Cited "see" Lopez v. Apfel
10th Cir. · 1997 · signal: see · confidence high
See Coleman v. Chater, 58 F.3d 577, 580 (10th Cir. 1995).
Retrieving the full opinion text from the archive…
48 soc.sec.rep.ser. 274, unempl.ins.rep. (Cch) P 14644b James D. Coleman
v.
Shirley S. Chater, Commissioner of Social Security
94-2235.
Court of Appeals for the Tenth Circuit.
Jun 23, 1995.
58 F.3d 577
Gary J. Martone and Francesca J. MacDo-well, Albuquerque, NM, for plaintiff-appellant., John J. Kelly, U.S. Atty., Albuquerque, NM, Gayla Fuller, Chief Counsel, Region VI, Christopher Carillo, Lead Atty., Office of the Gen. Counsel, U.S. Dept, of Health & Human Services, Dallas, TX, for defendant-appellee.
Ebel, Barrett, Kane.
Cited by 67 opinions  |  Published
BARRETT, Senior Circuit Judge.

Plaintiff James D. Coleman appeals from an order of the district court affirming the Secretary’s [1] determination that he was not disabled and, therefore, not entitled to disability benefits. We affirm. [2]

In his application for benefits, plaintiff alleged he was disabled due to emphysema. The administrative law judge (ALJ) denied benefits at step five, see Williams v. Bowen, 844 F.2d 748, 751-52 (10th Cir.1988), holding plaintiff retained the residual functional capacity to perform sedentary work.

On appeal, plaintiff argues the ALJ’s determination is not supported by substantial evidence because the ALJ did not consider his mental and alcohol related impairments. Plaintiff does not contest the ALJ’s determination that he could do sedentary work with the identified restrictions if we uphold the ALJ’s determination that his mental condition and alcoholism are not of such severity as to mandate a determination of disability.

[*579] We review the Secretary’s decision to determine whether the factual findings are supported by substantial evidence in the record viewed as a whole and whether the correct legal standards were applied. Andrade v. Secretary of Health & Human Servs., 985 F.2d 1045, 1047 (10th Cir.1993). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971) (quotation omitted).

Even though plaintiff did not allege any mental or alcohol impairment, some of the medical reports [3] included references to the possibility of such problems. Therefore, the ALJ considered thesé as potential impairments. The ALJ concluded that while plaintiff may have had some psychological problems, no evidence showed he had a mental impairment “of a ‘severe’ nature as defined in the Regulations.” Plaintiffs App., Vol. I at 102. Regarding the possibility of an impairment due to alcoholism, the ALJ noted that plaintiff reported the same minimal amount of alcohol consumption (three beers a weekend) to both his physician and the ALJ. “Accordingly, no evidence to the contrary, ... the claimant does not have an alcohol problem that would affect his ability to perform work activities in any way.” Id. at 102-03.

The record contains no credible evidence that plaintiff was ever treated for a psychological or alcohol problem. Only the forensic evaluation detailing plaintiffs own description of his alcohol use and performed after the ALJ issued his opinion, revealed any heavy alcohol use. See id. at 61-63 (plaintiffs report that he (1) never held a job longer than five years due to alcoholism and poor writing ability; (2) was drinking heavily by age ten; (3) had used alcohol of all kinds on a daily basis for past thirty years; and (4) had been committed to a treatment center in 1980 for four days, led the interviewer to conclude plaintiff was alcohol dependent).

Plaintiff argues the forensic evaluation should be accepted as retrospective evidence of alcoholism. While “a treating physician may provide a retrospective diagnosis of a claimant’s condition,” Potter v. Secretary of Health & Human Servs., 905 F.2d 1346, 1348 (10th Cir.1990), a “retrospective diagnosis without evidence of actual disability is insufficient.” Id. at 1349. The examiner’s recitation of plaintiffs own statement as to his alcohol use, made in the course of a criminal investigation, is patently self-serving and cannot be controlling absent other persuasive evidence in the record.

Plaintiff underwent a psychological evaluation in 1991, at which time he stated he drank only three cans of beer on the weekend. Plaintiffs App., Vol. II. at 329. The psychologist did caution that plaintiffs score on the MacAndrews Alcoholism Seale “would suggest that Jim may have more of a problem with alcohol than he’s ‘letting on.’ ” Id. at 331. Plaintiff reported minimal alcohol intake at a physical examination and the examining physician found no physical signs of alcohol abuse.

Even if we were to accept plaintiffs contention that he is an alcoholic, “ ‘[t]he mere presence of alcoholism is not necessarily disabling.’” Thompson v. Sullivan, 957 F.2d 611, 614 (8th Cir.1992) (quoting Cruse v. Bowen, 867 F.2d 1183, 1186 (8th Cir.1989)); see also 20 C.F.R. § 404.1525(e) (diagnosis of alcoholism alone will not be basis for determining disability). Rather, alcoholism, “alone or in combination with other impairments, must render [claimant] unable to engage in any substantial gainful employment.” Thompson, 957 F.2d at 614; see also Shelltrack v. Sullivan, 938 F.2d 894, 897 (8th Cir.1991) (to establish disability based on alcoholism, claimant must show loss of self-control to the extent he is unable to seek and use rehabilitation, and that disability is encompassed by Social Security Act); Arroyo v. Secretary of Health & Human Servs., 932[*580] F.2d 82, 87 (1st Cir.1991) (claimant who seeks disability benefits on grounds of alcoholism must prove addiction to alcohol, loss of ability to control drinking, and that alcoholism precludes claimant from engaging in substantial gainful activity); Wilkerson v. Sullivan (In re Sullivan), 904 F.2d 826, 844 (3d Cir.1990) (fact that claimant suffers from alcoholism is not end of inquiry; claimant’s alcoholism must be severe enough to prevent him from engaging in substantial gainful employment); Clem v. Sullivan, 894 F.2d 328, 331 (9th Cir.1990) (mere evidence of alcohol abuse does not discharge claimant from initial burden of proving he is an alcoholic; “it is not the disease of alcoholism, but rather a claimant’s uncontrolled drinking, that may constitute a disability.”).

Similarly, no medical evidence shows that plaintiff has a disabling mental impairment. In 1991, the psychologist noted the “MMPI would suggest that Jim may have some psychological overlay to his complaints of pain and discomfort,” plaintiffs app. vol. II at 332, and proffered several psychological diagnoses. The examiner for the forensic report opined that plaintiff had a personality disorder. These opinions do not show that plaintiff has a mental impairment which prevents him from working. Cf. Andrade, 985 F.2d at 1048 (ALJ must follow procedure for evaluating mental impairment, if record contains evidence claimant has a mental impairment which would prevent him from working).

As substantial evidence supports the AL J’s decision, the judgment of the United States District Court for the District of New Mexico is AFFIRMED.

1

. Effective March 31, 1995, the functions of the Secretary of Health and Human Services in social security cases were transferred to the Commissioner of Social Security. P.L. No. 103-296. Pursuant to Fed.R.App.P. 43(c), Shirley S. Chater, Commissioner of Social Security, is substituted for Donna E. Shalala, Secretary of Health and Human Services, as the defendant in this action. Although we have substituted the Commissioner for the Secretary in the caption, in the text we continue to refer to the Secretary because she was the appropriate party at the time of the underlying decision.

2

. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed.R.App.P. 34(f) and 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

3

. As the ALJ noted, plaintiff's previous counsel obstructed these proceedings by refusing to provide requested medical evidence and other information. See Plaintiff's App., Vol. I at 91; Vol. II at 345. Consequently, the ALJ requested medical records directly from those treating sources he could identify. See Henrie v. United States Dep't of Health & Human Servs., 13 F.3d 359, 360-61 (10th Cir.1993) (ALJ has obligation to ensure adequate record is developed consistent with issues raised).