Filed: Jul. 07, 1995
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS for the Fifth Circuit _ No. 95-50028 Summary Calendar _ CHARLES WRIGHT, Plaintiff-Appellant, VERSUS SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Texas (A-93-CV-818) _ (July 24, 1995) Before JOLLY, DUHÉ and STEWART, Circuit Judges. PER CURIAM:1 Appellant Charles Wright was denied Supplemental Security Income benefits by the Administrative Law Judge. The Appeals Coun
Summary: UNITED STATES COURT OF APPEALS for the Fifth Circuit _ No. 95-50028 Summary Calendar _ CHARLES WRIGHT, Plaintiff-Appellant, VERSUS SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Texas (A-93-CV-818) _ (July 24, 1995) Before JOLLY, DUHÉ and STEWART, Circuit Judges. PER CURIAM:1 Appellant Charles Wright was denied Supplemental Security Income benefits by the Administrative Law Judge. The Appeals Counc..
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UNITED STATES COURT OF APPEALS
for the Fifth Circuit
_____________________________________
No. 95-50028
Summary Calendar
_____________________________________
CHARLES WRIGHT,
Plaintiff-Appellant,
VERSUS
SHIRLEY S. CHATER, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
______________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(A-93-CV-818)
______________________________________________________
(July 24, 1995)
Before JOLLY, DUHÉ and STEWART, Circuit Judges.
PER CURIAM:1
Appellant Charles Wright was denied Supplemental Security
Income benefits by the Administrative Law Judge. The Appeals
Council denied review. The district court granted judgment for the
Secretary. Finding no error, we affirm.
Our task is to determine from the entire record whether the
Secretary applied the proper legal standards and whether her
decision is supported by substantial evidence. Anthony v.
1
Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
Sullivan,
954 F.2d 289, 292 (5th Cir. 1992). Substantial evidence
is more than a scintilla but less than a preponderance. Anderson v.
Sullivan,
887 F.2d 630, 633 (5th Cir. 1989). A claimant bears the
overall burden of proving his disability. Cook v. Heckler,
750
F.2d 391, 393 (5th Cir. 1985).
The ALJ applied the well known five-step process and concluded
at step five that Wright could perform light work. Our review of
the record convinces us that the ALJ was correct at each step.
Considering the limitations that Wright is unable to work around
smoke, dust, animal hair, and fumes, the ALJ found a significant
number of jobs for which Wright is suited (e.g., clerk) exist in
the national economy. He relied on objective medical facts, the
diagnoses and opinions of treating and examining physicians,
Appellant's subjective evidence of pain and disability, and
Appellant's age, education and work history. De Paepe v.
Richardson,
464 F.2d 92, 94 (5th Cir. 1972).
Though a vocational witness testified that additional
limitations such as mental conditions and drowsiness would
eliminate a worker's ability to retain a clerk job, the ALJ did not
find these limitations were present. That witness's testimony did
not, as Wright argues, eliminate the clerk job for Wright. The
finding that Wright could work as a clerk is supported by
substantial evidence.
We have considered Wright's allegations that the ALJ's
decision was not based on the proper legal standard and find it to
be without merit.
2
AFFIRMED.
3