Filed: Jan. 12, 2000
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-30361 Summary Calendar _ WILLIE MAE BOWSER, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Louisiana (98-CV-1389) _ January 4, 2000 Before SMITH, BARKSDALE, and PARKER, Circuit Judges. PER CURIAM:* Willie Mae Bowser appeals from the district court’s affirmance of the Commissioner of Social Security’s decision
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-30361 Summary Calendar _ WILLIE MAE BOWSER, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. _ Appeal from the United States District Court for the Western District of Louisiana (98-CV-1389) _ January 4, 2000 Before SMITH, BARKSDALE, and PARKER, Circuit Judges. PER CURIAM:* Willie Mae Bowser appeals from the district court’s affirmance of the Commissioner of Social Security’s decision d..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-30361
Summary Calendar
_____________________
WILLIE MAE BOWSER,
Plaintiff-Appellant,
versus
KENNETH S. APFEL,
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
(98-CV-1389)
_________________________________________________________________
January 4, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Willie Mae Bowser appeals from the district court’s affirmance
of the Commissioner of Social Security’s decision denying
supplemental security income benefits. She contends that the
Administrative Law Judge (“ALJ”) erred by failing to find that her
obesity and arthritis met one of the impairments listed in Appendix
1 of the Regulations, specifically the impairment listed in §
9.09(A).
The credited medical evidence of record supports the ALJ’s
decision that Bowser’s arthritis did not result in any limitation
*
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this opinion should not be published and is not precedent except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.
of motion; thus, substantial evidence supports his conclusion that
Bowser did not meet or equal the impairment listed in § 9.09(A).
See Johnson v. Bowen,
864 F.2d 340, 343 (5th Cir. 1988); see also
Chaparro v. Bowen,
815 F.2d 1008, 1011 (5th Cir. 1987). This court
does not have jurisdiction to consider Bowser’s contention that the
ALJ applied the wrong legal standards in failing to comply with
Social Security Ruling 96-6P when he ignored the opinion of a
nonexamining medical consultant, because the contention was not
administratively exhausted. See Paul v. Shalala,
29 F.3d 208, 210-
11 (5th Cir. 1994).
Because the ALJ’s conclusion that Bowser was not disabled is
supported by substantial evidence and resulted from the application
of proper legal standards, the district court’s judgment upholding
the Commissioner’s decision denying benefits is
AFFIRMED.
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