Gordils V. Sec'y HHS


ALJ may make common sense judgments about functional capacity based on medical findings as long as he does not overstep the bounds of a lay person's competence and render a medical judgment. Evidence regarding claimant's daily activities and demeanor at the hearing, plus doctor's findings of no consistent neurological deficit and no objective evidence of lumbo-sacral root syndrome, constitute substantial evidence to support the finding that claimant's pain, viewed as a non-exertional impairment, did not significantly impair claimant's ability to perform the full range of sedentary work. Whether or not a consultative report of a non-examining physician constitutes substantial evidence depends upon the circumstances of the case.