Filed: Oct. 22, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-50276 Summary Calendar JESS IRVIN MABRY, JR., Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Western District of Texas USDC No. A-01-CV-101-SS - October 21, 2002 Before JOLLY, HIGGINBOTHAM and PARKER, Circuit Judges. PER CURIAM:* Jess Irvin Mabry, Jr., appeals from the district court’s judgment affirming the decision of t
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-50276 Summary Calendar JESS IRVIN MABRY, JR., Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Western District of Texas USDC No. A-01-CV-101-SS - October 21, 2002 Before JOLLY, HIGGINBOTHAM and PARKER, Circuit Judges. PER CURIAM:* Jess Irvin Mabry, Jr., appeals from the district court’s judgment affirming the decision of th..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50276
Summary Calendar
JESS IRVIN MABRY, JR.,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART,
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-01-CV-101-SS
--------------------
October 21, 2002
Before JOLLY, HIGGINBOTHAM and PARKER, Circuit Judges.
PER CURIAM:*
Jess Irvin Mabry, Jr., appeals from the district court’s
judgment affirming the decision of the Commissioner of Social
Security denying his disability benefits claim under 42 U.S.C.
§ 405(g). Mabry argues that the Administrative Law Judge (ALJ)
erred in determining that he could perform him from his past
relevant work as a warehouse manager.
*
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that this opinion should not be published and is not precedent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.
No. 02-50276
-2-
Appellate review of the Commissioner’s decision is limited
to whether the Commissioner applied the proper legal standards
and whether the Commissioner’s decision is supported by
substantial evidence in the record as a whole. Anthony v.
Sullivan,
954 F.2d 289, 292 (5th Cir. 1992). The medical records
support the conclusion that Mabry was capable of returning to
work as a warehouse manager, as that job is performed in the
national economy. See Legett v. Chater,
67 F.3d 558, 564 (5th
Cir. 1995)(noting that the concept of “past relevant work”
includes such work that is generally performed in the national
economy).
With respect to Mabry’s challenge to the ALJ’s disregard for
the opinion of the vocational expert, the record does not support
the expert’s response to a hypothetical question as applied to
Mabry’s condition. Although Mabry maintained his dizziness would
incur absenteeism, the medical records do not support his
contention. See Bowling v. Shalala,
36 F.3d 431, 436 (5th Cir.
date)(noting that the opinion of a vocational expert is
meaningless unless there is adequate record evidence to support
the expert’s assumptions).
The Commissioner’s decision is supported by substantial
evidence in the record as a whole. See
Anthony, 954 F.2d at 292.
Accordingly, the district court’s judgment upholding this
decision is therefore AFFIRMED.