Jimmy JONES, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y, Dep't of Health & Human Servs., Defendant-Appellee, 829 F.2d 524 (5th Cir. 1987). · Go Syfert
Jimmy JONES, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y, Dep't of Health & Human Servs., Defendant-Appellee, 829 F.2d 524 (5th Cir. 1987). Cases Citing This Book View Copy Cite
“o be very clear, 'full inquiry' does not require a consultative examination at government expense unless the record establishes that such an examination is necessary to enable the administrative law judge to make the disability decision.”
304 citation events (269 in the last 25 years) across 18 distinct courts.
Strongest positive: Gatson v. O'Malley, Commissioner of the Social Security Administration (txnd, 2024-08-13)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Gatson v. O'Malley, Commissioner of the Social Security Administration
N.D. Tex. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
o be very clear, 'full inquiry' does not require a consultative examination at government expense unless the record establishes that such an examination is necessary to enable the administrative law judge to make the disability decision.
examined Cited as authority (verbatim quote) Karic v. Commissioner, Social Security Administration
N.D. Tex. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
o be very clear, 'full inquiry' does not require a consultative examination at government expense unless the record establishes that such an examination is necessary to enable the administrative law judge to make the disability decision.
examined Cited as authority (verbatim quote) Lewis v. Commissioner of Social Security (3×) also: Cited as authority (rule), Cited "see"
M.D. La. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the decision to require such an examination is within the discretion of the alj.
discussed Cited as authority (rule) Littlejohn, Jr. v. Social Security Administration
E.D. La. · 2025 · confidence medium
Moreover, a consultative examination is only required “if ‘the record establishes that such an examination is necessary to enable the [ALJ] to make the disability decision.’” Hardman v. Colvin, 820 F.3d 142, 148 (5th Cir. 2016) (quoting Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987)).
discussed Cited as authority (rule) Wyman v. Kijakazi
W.D. La. · 2024 · confidence medium
“Medical evidence that is dated after the date last insured is 3 Past relevant work is defined as “the actual demands of past work or ‘the functional demands . . . of the occupation as generally required by employers throughout the national economy.’” Jones v. Bowen, 829 F.2d 524, 527 (5th Cir. 1987) (citing, Social Security Ruling 82-61). 4 Vasquez v. O'Malley, No. 24-50233, 2024 WL 4381269 , at *1 (5th Cir. Oct. 3, 2024) (unpubl.). 7 relevant only to the extent that it might establish that the claimant was disabled as of the date last insured.” Id.
cited Cited as authority (rule) Niston v. Kijakazi
W.D. Tex. · 2024 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987).
cited Cited as authority (rule) Dela Cruz v. O'Malley
D. Haw. · 2024 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987).
cited Cited as authority (rule) El Neil v. Commissioner of Social Security
N.D. Tex. · 2024 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987).
discussed Cited as authority (rule) Noel v. Kijakazi
N.D. Cal. · 2024 · confidence medium
See id. at 1150 (The ALJ’s duty is heightened in all cases where a 6 claimant may be mentally ill and unable to adequately protect his or her own interests.) (citing 7 Higbee, 975 F.2d at 562 ); see also DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir. 1990) (“In 8 cases of mental impairments, this duty [to develop the record] is especially important.”); Jones v. 9 Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (a claimant need only “raise a suspicion” about his or 10 her impairment in order to trigger the ALJ’s duty to develop the record). 11 Accordingly, an ALJ must take reasonable ste…
discussed Cited as authority (rule) Williams v. Kijakazi
5th Cir. · 2023 · confidence medium
The Commissioner employs a sequential five-step process to determine whether a claimant is disabled within the meaning of that Act, as follows: “(1) whether the claimant is engaged in substantial gainful activity, (2) the severity and duration of the claimant’s impairments, (3) whether the claimant’s impairment meets or equals one of the listings in the relevant regulations, (4) whether the claimant can still do his past relevant work, and (5) whether the impairment prevents the claimant from doing any relevant work.” Wills v. Kijakazi, No. 22-20609, 2023 WL 4015174 , at *2 (5th Cir. J…
discussed Cited as authority (rule) Martinez v. Commissioner of Social Security
W.D. Tex. · 2023 · confidence medium
Further development of the record is not required “unless the record establishes such an examination is necessary to enable the [ALJ] to make the disability decision.” Jones v. Bowen, 829 F.2d 524, 526 (Sth Cir. 1987) (quoting Turner v. Califano, 563 F.2d 669, 671 (Sth Cir. 1977) (emphasis in original)).
discussed Cited as authority (rule) Boykin v. Commissioner, SSA (2×) also: Cited "see"
E.D. Tex. · 2023 · confidence medium
Tex. Mar. 8, 2016) (citing Anderson v. Sullivan, 887 F.2d 630, 634 (5th Cir. 1989); Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (per curiam)).
cited Cited as authority (rule) Bradberry v. Commissioner of Social Security
N.D. Miss. · 2023 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987).
cited Cited as authority (rule) Wright v. Kijakazi
N.D. Miss. · 2022 · confidence medium
As noted by the Commissioner, in Jones v. Bowen, 829 F.2d 524, 526, n. 1 (5th Cir.1987), the Fifth Circuit Court of Appeals rejected the claimant’s Step Two argument as disingenuous.
cited Cited as authority (rule) Williams v. Commissioner, Social Security Administration
N.D. Tex. · 2022 · confidence medium
And “[u]nder some circumstances, . . . a consultative examination is required to develop a full and fair record.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (per curiam).
discussed Cited as authority (rule) Danzy v. Commissioner of Social Security
W.D. Tex. · 2022 · confidence medium
While a consultation in some circumstances is required to develop a full and fair record, this requirement is only triggered where “the record establishes that such an examination is necessary to enable the administrative law judge to make the disability decision.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (quoting Turner v. Califano, 563 F.2d 669, 671 (5th Cir. 1977)) (emphasis in original).
discussed Cited as authority (rule) Hardine v. Kijakazi (2×) also: Cited "see, e.g."
5th Cir. · 2022 · confidence medium
See Anderson v. Sullivan, 887 F.2d 630, 634 (5th Cir. 1989) (per curiam); Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (per curiam).
discussed Cited as authority (rule) Rabbitt v. Kijakazi
N.D. Cal. · 2022 · confidence medium
Id. (citing Higbee v. 18 Sullivan, 975 F.2d 558, 562 (9th Cir. 1992)); see also DeLorme v. Sullivan, 924 F.2d 841, 849 (9th 19 Cir. 1990) (“In cases of mental impairments, this duty [to develop the record] is especially 20 important.”); Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (Claimants need only “raise a 21 suspicion” about their impairments to trigger an ALJ’s duty to develop the record).
discussed Cited as authority (rule) Webster v. Kijakazi
5th Cir. · 2021 · confidence medium
“A consultative examination is required to develop a ‘full and fair record’ only if ‘the record establishes that such an examination is necessary to enable the [ALJ] to make the disability decision.’” Hardman v. Colvin, 820 F.3d 142, 148 (5th Cir. 2016) (quoting Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987)).
cited Cited as authority (rule) Keller v. Commissioner of Social Security
W.D. Tex. · 2021 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987).
discussed Cited as authority (rule) Rogers v. Saul
S.D. Tex. · 2021 · confidence medium
R. 430–32 (10/27/02). 27 “A consultative examination is required . . . only if ‘the record establishes that such an examination is necessary to enable the [ALJ] to make the disability decision.’” Hardman v. Colvin, 820 F.3d 142, 148 (5th Cir. 2016) (quoting Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987)). provided a functional analysis, limiting Plaintiff to sedentary work.28 Likewise, both SAMCs conducted functional analyses of Plaintiff in early 2015 during the relevant time-period and prior to Plaintiff’s third accident in November 2015.
discussed Cited as authority (rule) Roxanne Olivan Rosales v. Kilolo Kijakazi
W.D. Tex. · 2021 · confidence medium
A consultative examination is required to develop a “full and fair record” only if “the record establishes that such an examination is necessary to enable the [ALJ] to make the disability decision.” Hardman v. Colvin, 820 F.3d 142, 148 (5th Cir. 2016) (citing Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987)).
discussed Cited as authority (rule) McCamant v. Commissioner, SSA
E.D. Tex. · 2021 · confidence medium
“The decision to obtain a consultative examination is discretionary with the ALJ and such an exam must be ordered only when necessary to develop a full and fair record.” Goforth, 2016 WL 878323 , at *2 (citing Anderson, 887 F.2d at 634 ); Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987)).
discussed Cited as authority (rule) Reynolds v. Saul
N.D. Miss. · 2021 · confidence medium
A CE at government expense is not required “unless the record establishes that such an examination is necessary to enable the administrative law judge to make the disability decision”) Gutierrez v. Barnhart, 2005 WL 1994289 , at *8 (5th Cir. 2005) (citing Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (emphasis in original)).
discussed Cited as authority (rule) Brown v. Saul
5th Cir. · 2021 · confidence medium
Brown contends that the ALJ “should have . . . sent [her] out for a consultative examination with a medical source statement determining her functional limitations.” 5 To be sure, “[u]nder some circumstances, . . . a consultative examination is required to develop a full and fair record.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (per curiam).
cited Cited as authority (rule) Martinez v. Saul
W.D. Tex. · 2021 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987).
cited Cited as authority (rule) (SS) Frazier v. Commissioner of Social Security
E.D. Cal. · 2021 · confidence medium
Jones v. Bowen, 23 829 F.2d 524, 526 (5th Cir. 1987); Anita D.
discussed Cited as authority (rule) Brumley v. Saul
S.D. Tex. · 2021 · confidence medium
While the ALJ has the discretion to order a consultative examination, an examination at government expense is not required “unless the record establishes that such an examination is necessary to enable the [ALJ] to make the disability decision.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (quoting Turner v. Califano, 563 F.2d 669, 671 (5th Cir. 1977)).
discussed Cited as authority (rule) Soulis v. Saul (2×) also: Cited "see, e.g."
N.D. Cal. · 2021 · confidence medium
If there is so much as an ambiguity in the evidence, 23 or if the ALJ – or a reviewing court – finds that the record is inadequate for proper evaluation of 24 the evidence, such a finding likewise triggers the ALJ’s duty to conduct an appropriate inquiry. 25 See Tonapetyan, 242 F.3d at 1151 (citing Smolen v. Chater, 80 F.3d 1273, 1288 (9th Cir. 1996)). 26 Additionally, in all cases where a claimant may be mentally ill and unable to adequately protect 27 her own interests (regardless of the claimant’s representational status), the ALJ’s duty to develop 1 v. Sullivan, 924 F.2d 841, 849…
discussed Cited as authority (rule) Parrish v. Saul
N.D. Cal. · 2021 · confidence medium
Id. (citing 11 Higbee, 975 F.2d at 562 ); see also DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir. 1990) (“In 12 cases of mental impairments, this duty [to develop the record] is especially important.”); Jones v. 13 Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (a claimant need only “raise a suspicion” about his or 14 her impairment in order to trigger the ALJ’s duty to develop the record). 15 Thus, because Social Security proceedings are inquisitorial rather than adversarial, “[i]t is 16 the ALJ’s duty to investigate the facts and develop the arguments both for and against granting …
cited Cited as authority (rule) Johnson v. Commissioner, Social Security Administration
N.D. Tex. · 2020 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (per curiam).
discussed Cited as authority (rule) Peltier v. Social Security Administration
W.D. La. · 2020 · confidence medium
However, when, as here, the ALJ's analysis proceeds beyond step two of the sequential evaluation process, strict adherence to and its requirements is not required. , 862 F.2d 471, 481 (5th Cir. 1988); , 815 F.2d 1008, 1011 (5th Cir. 1987); , 829 F.2d 524, n. 1 (5th Cir. 1987).
discussed Cited as authority (rule) Gracie v. Commissioner of Social Security
N.D. Cal. · 2020 · confidence medium
Id. (citing Higbee, 975 F.2d at 562); see also DeLorme v. 11 Sullivan, 924 F.2d 841, 849 (9th Cir. 1990) (“In cases of mental impairments, this duty [to develop 12 the record] is especially important.”); Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (a 13 claimant need only “raise a suspicion” about his or her impairment in order to trigger the ALJ’s 14 duty to develop the record).
discussed Cited as authority (rule) Page v. Commissioner Of Social Security
S.D. Tex. · 2020 · confidence medium
See Pearson v. Barnhart, No. 1:04- the record); Jones v. Bowen, 829 F.2d 524, 526 (Sth Cir. 1987) (“The decision to require such an examination is discretionary. ... [T]o be very clear, ‘full inquiry’ does not require a consultative examination at government expense unless the record establishes that such an examination 1s necessary to enable the administrative law judge to make the disability decision.”) (internal quotation marks and citation omitted). >In support of this argument, Page explains that “[a]lthough . . . the ALJ need not discuss every piece of evidence, he may not igno…
discussed Cited as authority (rule) Young v. Commissioner of Social Security
N.D. Cal. · 2020 · confidence medium
However, in cases 2 || where the claimant may be mentally ill and unable to protect her own interests, as is the case here, 3 || the ALJ’s duty to develop the record in a fair and unbiased manner is heightened. /d. (citing 4 || Higbee, 975 F.2d at 562 ); see also DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir. 1990) (“In 5 cases of mental impairments, this duty [to develop the record] is especially important.”’); Jones v. 6 || Bowen, 829 F.2d 524, 526 (Sth Cir. 1987) (a claimant need only “raise a suspicion” about his or 7 || her impairment in order to trigger the ALJ’s duty to …
discussed Cited as authority (rule) Hudson v. Commissioner of Social Security
N.D. Cal. · 2020 · confidence medium
Id. (citing Higbee, 975 F.2d at 562 ); see 20 also DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir. 1990) (“In cases of mental impairments, 21 this duty [to develop the record] is especially important.”); Jones v. Bowen, 829 F.2d 524, 526 (5th 22 Cir. 1987) (a claimant need only “raise a suspicion” about his or her impairment in order to trigger 23 the ALJ’s duty to develop the record). 24 As discussed above, Plaintiff raised much more than a mere suspicion concerning his 25 psychotic symptoms, his auditory hallucinations, his paranoia, his PTSD, his suicidal ideations, his 26 violen…
discussed Cited as authority (rule) Dees v. Berryhill
N.D. Miss. · 2020 · confidence medium
The plaintiff’s testimony regarding her panic attacks and their effects (which would implicate significant time off task at work); the plaintiff’s history of seeking medical attention from various providers for unspecified chest pains; the plaintiff’s history of treatment for anxiety and depression by her family physician, who believed her chest pains were likely driven by panic attacks; and the plaintiff’s testimony that her treating physician planned to refer her for treatment by a mental health professional, together “raise a suspicion concerning such an impairment necessary to re…
discussed Cited as authority (rule) Preciado v. Saul
N.D. Cal. · 2020 · confidence medium
See Young v. Heckler, 803 F.2d 963, 968 (9th Cir. 1986) (in cases of 27 progressively deteriorating conditions, the most recent medical report is the most probative). 1 attacks, the ALJ’s duty to develop the record was “heightened.” See Tonapetyan, 242 F.3d at 2 1150; see also Plummer v. Apfel, 186 F.3d 422, 434 (3d Cir. 1999) (when there is a suggestion of 3 |} mental impairment, an ALJ must inquire into the current status of that impairment and its possible 4 effect on a claimant’s ability to work); Jones v. Bowen, 829 F.2d 524, 526 (Sth Cir. 1987) (a 5 claimant only needs to raise s…
discussed Cited as authority (rule) Reese v. Social Security Administration (2×)
W.D. La. · 2020 · confidence medium
Barnes diagnosed low body mass and 2 Past relevant work is defined as “the actual demands of past work or ‘the functional demands . . . of the occupation as generally required by employers throughout the national economy.’” Jones v. Bowen, 829 F.2d 524, 527 (5th Cir. 1987) (citing, Social Security Ruling 82-61). 5 asthma.
cited Cited as authority (rule) Williams v. Berryhill
N.D. Tex. · 2019 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987) (per curiam).
discussed Cited as authority (rule) Johnnie Hardman v. Carolyn Colvin, Acting Cmsnr
5th Cir. · 2016 · confidence medium
Similarly here, Hardman never mentioned that he may have had an intellectual disability and did not claim to have a medical impairment or mention that he had sought treatment for one. “[T]he claimant has the burden of proving his disability by establishing a physical or mental impairment.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir. 1987). 1 A consultative examination is required to develop a “full and fair record” only if “the record establishes that such an examination is necessary to 1 In Jones, this court noted that the claimant, like Hardman, “did not list a mental non-exertio…
discussed Cited as authority (rule) Johnnie Hardman v. Carolyn Colvin, Acting Cmsnr
5th Cir. · 2016 · confidence medium
Similarly here, Hard-man never mentioned ■ that he may have had an intellectual disability and did not claim to have a medical impairment or mention that he had sought-treatment for one. “[T]he claimant has the burden of proving his disability by establishing a physical or mental impairment.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir.1987). 1 A consultative examination is required to develop a “full and fair record” only if “the record establishes that such an examination is necessary to enable the [ALJ] to make the disability decision.” Id.
discussed Cited as authority (rule) Sandi Vaughn v. Carolyn Colvin, Commissioner
5th Cir. · 2014 · confidence medium
Moreover, “if sufficient medical or other evidence is not provided by the claimant, [the Commissioner] is required to make a decision based on the information available.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir.1987) (citing 20 C.F.R. § 404.1516 ).
cited Cited as authority (rule) Brown v. Colvin
S.D. Miss. · 2013 · confidence medium
Selders v. Sullivan, 914 F.2d 614, 619 (5th Cir.1990) (citing Jones v. Bowen, 829 F.2d 524, 526 (5th Cir.1987)).
cited Cited as authority (rule) Smith v. Astrue
E.D. La. · 2012 · confidence medium
Jones v. Bowen, 829 F.2d 524, 527 (5th Cir.1987).
discussed Cited as authority (rule) Mercer v. Life Insurance Co. of North America
W.D. La. · 2012 · confidence medium
The court notes that under SSA regulations, past relevant work is defined as "the actual demands of past work or 'the functional demands .., of the occupation as generally required by employers throughout the national economy.' " Jones v. Bowen, 829 F.2d 524, 527 (5th Cir.1987) (citing Social Security Ruling 82-61).
discussed Cited as authority (rule) Wichman v. Astrue
W.D. Tex. · 2012 · confidence medium
See Lopez v. Bowen, 806 F.2d 632, 634, fn. 1 (5th Cir.1986) (finding no reversible error because the ALJ determined that the plaintiff had severe impairments and decided the case at step four of the sequential evaluation process); Adams v. Bowen, 833 F.2d 509, 512 (5th Cir.1987) (concluding there was no reversible error because the ALJ acknowledged the plaintiff’s "significant impairment” and adjudicated the case at step four of the sequential evaluation process); Jones v. Bowen, 829 F.2d 524, 527, n. 1 (5th Cir.1987) (holding that no error existed in the ALJ’s finding that plaintiffs hy…
discussed Cited as authority (rule) Borrego v. Astrue
W.D. Tex. · 2011 · confidence medium
Credibility determinations, however, are the province of the ALJ, Adams v. Chater, 93 F.3d 712, 715 (10th Cir.1996), and accordingly, “the ALJ’s determinations of the weight and credibility of the evidence ‘are entitled [to] considerable deference.’ ” Landfned v. Apfel, 218 F.3d 743 , 2000 WL 821361 , at *4 (5th Cir.2000) (per curiam) (unpublished) (quoting Jones v. Bowen, 829 F.2d 524, 527 (5th Cir.1987)).
cited Cited as authority (rule) Scroggins v. Astrue
N.D. Tex. · 2009 · confidence medium
Jones v. Bowen, 829 F.2d 524, 526 (5th Cir.1987); Wren, 925 F.2d at 128 .
discussed Cited as authority (rule) Ray v. Astrue (2×)
E.D. Pa. · 2009 · confidence medium
Thus, the ALJ must order a consultative exam where it is “necessary to enable the administrative law judge to make the disability decision.” Jones v. Bowen, 829 F.2d 524, 526 (5th Cir.1987) (per curiam) (emphasis in original and quotations and citations omitted).
19 soc.sec.rep.ser. 79, unempl.ins.rep. Cch 17,624 Jimmy Jones
v.
Otis R. Bowen, M.D., Secretary, Department of Health and Human Services
86-4949.
Court of Appeals for the Fifth Circuit.
Aug 12, 1987.
829 F.2d 524
Lonnie R. Smith, Bobbie Ross, Southwest La. Legal Services Society, Inc., Lake Charles, La., for plaintiff-appellant., Marguerite Lokey, Dallas, Tex., Joseph S. Cage, Jr., U.S. Atty., Shreveport, La., Patrick A. Hudson, Dallas, Tex., for defendant-appellee.
Jones, Per Curiam, Politz, Williams.
Cited by 110 opinions  |  Published
PER CURIAM:

Appellant applied for insurance benefits under §§ 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i), 423, alleging that in 1984 he became unable to work due to high blood pressure, diabetes, heart and prostate trouble. An administrative law judge determined that he was not disabled within the meaning of the Act and was therefore not entitled to disability benefits. The district court affirmed the Secretary’s determination, finding it supported by substantial evidence. We AFFIRM.

Appellant first asserts that the administrative law judge failed to fully and fairly develop the facts of his claim by not requesting a psychiatric or psychological examination to explore appellant’s claimed non-exertional impairments. See Kane v. Heckler, 731 F.2d 1216, 1219 (5th Cir.1984). Appellant argues that assertions of his examining physicians “were sufficient to place the Secretary on notice that a psychiatric or psychological examination was crucial to correct adjudication.” We disagree.

[*526] It is clear that the claimant has a burden of proving his disability by establishing a physical or mental impairment. Cook v. Heckler, 750 F.2d 391, 393 (5th Cir.1985); 42 U.S.C. § 423(d)(5)(A). Under the applicable regulations, if sufficient medical or other evidence is not provided by the claimant, the secretary is required to make a decision based on the information available. See 20 CFR § 404.1516 (1986). Under some circumstances, however, a consultative examination is required to develop a full and fair record. 20 CFR § 404.1517 (1986). The decision to require such an examination is discretionary. In Turner v. Califano, 563 F.2d 669, 671 (5th Cir.1977), we stated “[t]o be very clear, ‘full inquiry’ does not require a consultative examination at government expense unless the record establishes that such an examination is necessary to enable the administrative law judge to make the disability decision.” (emphasis in original). See also handsaw v. Secretary of Health and Human Services, 803 F.2d 211, 214 (6th Cir.1986) (adopting Turner’s expression that the AU’s decision to require consultative examination is discretionary).

At the outset, we note that appellant did not list a mental non-exertional impairment in his original request for benefits. Moreover, there is no indication in the record that he ever requested a consultative examination. Appellant relies solely on the following statements of examining physicians to support his claim of non-exertional mental impairments. First, in January 1984, when appellant was seen for chest pain he stated that “he had become emotionally upset” and then developed severe left pre-cordial chest pain, associated with diaphoresis, nausea, and shortness of breath. Second, during a November, 1984 disability determination examination, appellant reported to a physician that he had become grouchy, angry, and depressed about his situation of being unable to work. “Mere sensitivity about loss of ability to perform certain chores, however, does not even approach the level of a mental or emotional impairment as defined by SSA regulations.” Fraga v. Bowen, 810 F.2d 1296, 1305' (5th Cir.1987) (citing 20 CFR Subpart P, App. 1, Listing 12.00). Thus, we conclude that not only did appellant fail to meet his burden in proving a non-exertional mental impairment, but that appellant also failed to raise a suspicion concerning such an impairment necessary to require the AU to order a consultative examination to discharge his duty of “full inquiry” under 20 CFR § 416.1444 (1986).

Appellant also asserts that, contrary to the Secretary’s determination, his cardiovascular disease, diabetes mellitus, hypertension, [1] obesity, and manifestations of these ailments in debilitating pain render him unable to perform the full range of light work activities under 20 CFR § 404.-1567(b) (1986). We conclude, however, that the record contains substantial evidence supporting the AU’s conclusion that none of these impairments alone, or in combination, prevented appellant from performing the full range of light work activities, or from performing his past relevant work. First, while appellant has a history of cardiovascular disease, the AU concluded that it was not manifested by signs, symptoms, and objective medical findings that meet or equal the requirements of a listed impairment in 20 CFR part 404, Subpart P, App. 1, Reg. 4. Additionally, while appellant has been seen on several occasions for complaints of chest pain, these episodes have been resolved during hospital stays, from the last of which appellant was discharged in “satisfactory” condition. Second, appellant also has a history of and is being[*527] treated for diabetes mellitus. This is a remediable condition and therefore is not disabling under the Act. Epps v. Hams, 624 F.2d 1267, 1270 (5th Cir.1980). The record shows that when appellant follows his prescribed insulin treatment, the condition is controlled. There is no evidence of significant diabetic retinopathy or any motor disfunction. Third, appellant’s hypertension was within the range considered mild to moderate by the medical profession. Appellant’s hypertension was not shown to be disabling. Lovett v. Schweiker, 667 F.2d 1, 3 (5th Cir.1981). Fourth, appellant claims that the AU gave no consideration to his obesity. While appellant did not raise this issue until his district court complaint, the record does not support such a contention. At the time of the hearing, it was reported that appellant weighed approximately 290 pounds. Under the Secretary’s regulations, however, appellant’s weight would have to exceed 328 pounds to satisfy the definition of obesity. 20 CFR part 404, Subpart P, Appendix 1, § 10.10, table I.

Finally, appellant contends that the AU gave insufficient weight to his complaints of pain produced by his various ailments. The AU concluded that in light of the objective medical evidence the allegations of “severe, uncontrollable illness and restriction of function for light work” were not credible. While it is clear that the AU must consider subjective evidence of pain, Scharlow v. Schweiker, 655 F.2d 645, 648 (5th Cir.1981), it is within his discretion to determine its debilitating nature. Jones v. Heckler, 702 F.2d 616, 621-22 (5th Cir. 1983). These determinations are entitled considerable deference. James v. Bowen, 793 F.2d 702, 706 (5th Cir.1986). The objective medical evidence and appellant’s own testimony at the hearing require us to defer to the AU’s credibility determination in this case. Appellant testified that he was taking nitroglycerine to relieve chest pain. Moreover, the AU emphasized the discrepancy in appellant’s record concerning the state of his health when he stopped working. Appellant was still working when he applied for disability insurance benefits on July 10, 1984. In his application, appellant stated that he was unable to continue performing “hard work”, implicitly suggesting he was capable of “lighter work.” Additionally, appellant testified at his hearing that while seeking a new job, he submitted to prospective employers a resume that indicated he was in “excellent health.” The AU concluded that the appellant considered himself capable of working and therefore discredited his complaints of debilitating pain. We conclude that the AU did not err in making its credibility determinations that appellant’s pain did not prevent him from performing the full range of light activities or prevent him from engaging in past relevant work. [2]

The decision of the district court is AFFIRMED.

1

. Appellant also advances the rather disingenuous argument that the district court applied the incorrect legal standard in determining the severity of his impairments, similar to that which we rejected in Stone v. Heckler, 752 F.2d 1099 (5th Cir.1985), in denying benefits because appellant’s hypertension was characterized as "mild.” While the AU correctly concluded that appellant's hypertension was of mild medical severity, he proceeded through the sequential evaluation to conclude at the fourth and fifth levels that appellant could perform past relevant work and could perform a full range of light work activities. We perceive no error similar to that found in Stone v. Heckler, where the claimant’s request for benefits was prematurely denied based on an improper determination of "non-severity.”

2

. The AU determined that appellant had the residual functional capacity to perform work related activities except for work involving lifting more than 20 pounds at a time and standing or walking more than 6 hours during an eight hour work day. The AU also concluded that appellant was capable of performing past relevant work as a janitor or a sitter despite his physical limitations. Appellant .asserts that the ALJ erred in concluding that he was capable of performing past relevant work as a sitter for an elderly gentleman because this work required lifting more than 20 pounds. Appellant argues that an inadequate record was developed concerning the physical demands of appellant's "past relevant work” and, at minimum, remand is required to fully develop the record. While the AU’s determination may be upheld solely on its determination that appellant can perform the full range of light work required under 40 CFR § 1567(b), we note that simply because appellant cannot perform the lifting requirements of his past job does not mean that he is unable to perform "past relevant work” as that phrase is used in the regulations. Social Security Ruling 82-61 defines past relevant work as the actual demands of past work or "the functional demands ... of the occupation as generally required by employers throughout the national economy.” The Dictionary of Occupational Titles reveals that the occupation of sitter, or "companion,” one who cares for elderly, handicapped, or convalescent persons, does not impose functional duties upon appellant beyond his residual functional capacity.