## Facts

- Stephen A. Kelley, Jr. applied for Social Security disability insurance benefits, alleging disability from multiple physical impairments.
- His impairments included degenerative joint disease of the left knee, asbestosis, obesity, progressive arthritic disease, rheumatoid arthritis, and osteoarthritis.
- The relevant disability period was limited to September 26, 1991 through December 31, 1991.
- Kelley’s past relevant work was as a welder, and he did not work during the relevant period.
- An Administrative Law Judge (ALJ) found Kelley had severe impairments but retained the residual functional capacity (RFC) for sedentary work during the relevant period, including the ability to:
  - lift 10 pounds occasionally;
  - frequently lift/carry items such as docket files, ledgers, and small tools;
  - sit for 6 hours in an 8-hour workday; and
  - stand or walk for 2 hours in an 8-hour workday.
- The ALJ found Kelley had transferable skills from welding and, based on vocational expert (VE) testimony, concluded there were significant numbers of sedentary jobs in the national economy he could perform.
- The Appeals Council left the ALJ’s decision as the Commissioner’s final decision.
- The district court affirmed the Commissioner’s denial of benefits.

## Issues

1. Whether the Commissioner’s denial of benefits was supported by substantial evidence and applied the correct legal standards.
2. Whether the ALJ’s decision rested on an improper assumption that part-time work could constitute substantial gainful activity.
3. Whether the ALJ improperly discredited Kelley’s subjective complaints of pain.
4. Whether the ALJ erred by relying on vocational expert testimony rather than using the Medical–Vocational Guidelines (the “Grids”).

## Decision

- The Eleventh Circuit affirmed the district court’s judgment upholding the Commissioner’s denial of benefits.
- Substantial evidence supported the ALJ’s finding that Kelley could perform full-time sedentary work during the relevant period.
- The part-time work/substantial gainful activity argument did not warrant reversal because the ALJ found an RFC for full-time sedentary work, not merely part-time work.
- The ALJ’s assessment of Kelley’s pain testimony was upheld because credibility determinations are reviewed for substantial evidence and the ALJ’s evaluation met that standard.
- The ALJ permissibly relied on vocational expert testimony to establish the existence of significant numbers of jobs consistent with Kelley’s RFC and transferable skills.

## Legal Principles

- A reviewing court affirms the Commissioner’s disability decision if it is supported by substantial evidence and the correct legal standards are applied.
- When the ALJ finds an RFC for full-time work and substantial evidence supports that finding, arguments premised on a supposed limitation to part-time work do not undermine the decision.
- An ALJ’s evaluation of subjective pain complaints is upheld when supported by substantial evidence and accompanied by sufficient reasoning.
- At step five, the Commissioner may use vocational expert testimony (rather than relying exclusively on the Grids) to show that jobs exist in significant numbers for a claimant with the assessed RFC and vocational profile, including transferable skills.

## Conclusion

The Eleventh Circuit upheld the denial of disability benefits because substantial evidence supported the ALJ’s finding that Kelley could perform full-time sedentary work during the brief insured period, and the ALJ properly used vocational expert testimony to identify significant available jobs despite Kelley’s asserted pain and other challenges.


Kelley v. Apfel, 185 F.3d 1211 (11th Cir. 1999)