Roderick Rigby v. Carolyn Colvin, Acting Cmsnr, No. 15-31008 (5th Cir. 2016)

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Case: 15-31008 Document: 00513562363 Page: 1 Date Filed: 06/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-31008 Summary Calendar United States Court of Appeals Fifth Circuit RODERICK RIGBY, FILED June 23, 2016 Lyle W. Cayce Clerk Plaintiff - Appellant v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:13-CV-3252 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM:* Roderick Rigby appeals the district court’s judgment affirming the determination by the Social Security Administration that Rigby was no longer disabled beginning March 9, 2012. Rigby contends that it was improper for the Administrative Law Judge to rely solely on the Medical-Vocational Guidelines, also known as “The Grids,” when making this determination. According to Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 15-31008 Document: 00513562363 Page: 2 Date Filed: 06/23/2016 No. 15-31008 Rigby, because the ALJ found that he suffers from a severe non-exertional impairment, the ALJ was precluded from relying solely on the Grids and instead was required to consider the testimony of a vocational expert. Rigby’s alternative argument that the ALJ was required to consider vocational expert testimony since he used the Grids as a “framework” for his decision—instead of relying on them exclusively—is forfeited because Rigby did not present it to the district court. See Chaparro v. Bowen, 815 F.2d 1008, 1011 (5th Cir. 1987). We have reviewed the briefs and the relevant portions of the record and find no reversible error of fact or law in the decision of the magistrate judge, adopted by the district court. Binding circuit precedent allows the ALJ to rely solely on the Grids when the Social Security claimant’s “non-exertional impairments do not significantly affect his residual functional capacity.” Fraga v. Bowen, 810 F.2d 1296, 1304 (5th Cir. 1987). Here, the ALJ explicitly found that Rigby’s non-exertional impairments had “little to no effect” on his residual functional capacity. Rigby offers no serious argument in his briefing that this finding was not based on substantial evidence. See id. at 1302. Thus, the ALJ was justified in relying solely on the Grids in finding that Rigby was no longer disabled beginning March 9, 2012. The judgment of the district court is AFFIRMED. 2