Filed: Feb. 03, 2003
Latest Update: Feb. 21, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 02-30606 SUMMARY CALENDAR _ STEPHANIE LEGER Plaintiff - Appellant v. JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY Defendant - Appellee _ Appeal from the United States District Court for the Western District of Louisiana (2:00-CV-2429) _ January 31, 2003 Before REYNALDO G. GARZA, HIGGINBOTHAM, and BENAVIDES, Circuit Judges. PER CURIAM:1 Stephanie Leger appeals the affirmance of the Commissioner’s denial of her application for Disa
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 02-30606 SUMMARY CALENDAR _ STEPHANIE LEGER Plaintiff - Appellant v. JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY Defendant - Appellee _ Appeal from the United States District Court for the Western District of Louisiana (2:00-CV-2429) _ January 31, 2003 Before REYNALDO G. GARZA, HIGGINBOTHAM, and BENAVIDES, Circuit Judges. PER CURIAM:1 Stephanie Leger appeals the affirmance of the Commissioner’s denial of her application for Disab..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_________________________
No. 02-30606
SUMMARY CALENDAR
_________________________
STEPHANIE LEGER
Plaintiff - Appellant
v.
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY
Defendant - Appellee
______________________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
(2:00-CV-2429)
______________________________________________________________________________
January 31, 2003
Before REYNALDO G. GARZA, HIGGINBOTHAM, and BENAVIDES, Circuit Judges.
PER CURIAM:1
Stephanie Leger appeals the affirmance of the Commissioner’s denial of her application for
Disability Insurance Benefits and Supplemental Security Income. See 42 U.S.C. § 405. She argues
that (1) the administrative law judge (“ALJ”) erred in concluding that her major depression was
not a severe impairment; (2) the ALJ erred in finding credible the vocational expert’s testimony;
(3) the ALJ did not attach to his decision a completed Psychiatric Review Technique Form; and
1
Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.
(4) a remand is warranted because the ALJ did not make a finding as to her ability to maintain
employment.
“Appellate review of the [Commissioner’s] denial of disability benefits is limited to
determining whether the decision is supported by substantial evidence in the record and whether
the proper legal standards were used in evaluating the evidence.” Villa v. Sullivan,
895 F.2d
1019, 1021 (5th Cir. 2000). The ALJ was free to weigh the conflicting evidence and conclude that
Leger did not have a mental impairment that significantly affected her ability to work. See
Martinez v. Chater,
64 F.3d 172, 174 (5th Cir. 1995). Leger’s contention that the ALJ found that
she had skills which were transferable to unskilled jobs is not supported by the record.
Leger argues that the ALJ committed reversible error in not completing a Psychiatric
Review Technique Form and attaching that form to his decision. The record contains a form
entitled “OHA Psychiatric Review Technique Form,” which is attached to the ALJ’s decision.
Even if the form is incomplete, Leger has not demonstrated that a substantial right has been
affected. Mays v. Bowen,
837 F.2d 1362, 1364 (5th Cir. 1988).
Leger, relying on Watson v. Barnhart,
288 F.3d 212, 217-18 (5th Cir. 2002), argues that
the case should be remanded because the ALJ did not make a finding as to her ability to maintain
employment. Watson does not dictate a remand as Leger presented no evidence reflecting that she
could not work on a sustained basis.
Because Leger has failed to show that the Commissioner’s decision was not based on the
proper legal standards or that it was not supported by substantial evidence, the decision of the
district court affirming the denial of benefits is AFFIRMED.