Filed: Oct. 14, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 14, 2004 Charles R. Fulbruge III Clerk No. 04-40301 Summary Calendar NORMA E. FERGUSON CERVANTES, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. C-03-CV-41 - Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Norma E. Fe
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 14, 2004 Charles R. Fulbruge III Clerk No. 04-40301 Summary Calendar NORMA E. FERGUSON CERVANTES, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. C-03-CV-41 - Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Norma E. Fer..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 14, 2004
Charles R. Fulbruge III
Clerk
No. 04-40301
Summary Calendar
NORMA E. FERGUSON CERVANTES,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-03-CV-41
--------------------
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Norma E. Ferguson Cervantes appeals the district court’s
judgment dismissing her complaint and affirming the
Commissioner’s decision denying her claim for Social Security
disability insurance benefits. Cervantes argues that the
administrative law judge (“ALJ”) erred by failing to consider the
combined effects of her impairments and by discounting the
opinion of Dr. Childers. Cervantes challenges the ALJ’s
determination that she had the residual functional capacity to
*
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this opinion should not be published and is not precedent except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. 04-40301
-2-
perform a broad range of light exertional work. Cervantes also
makes arguments related to the appropriate onset date for her
mental disability.
The record shows that the ALJ considered Cervantes’s
physical and mental impairments when making his disability
determination. See Loza v. Apfel,
219 F.3d 378, 393 (5th Cir.
2000). The record also supports the ALJ’s decision to afford
little weight to Dr. Childers’s opinion. See 20 CFR § 404.1527.
The ALJ’s determination that Cervantes has the residual
functional capacity to perform a significant range of light work
is supported by substantial evidence. See Leggett v. Chater,
67 F.3d 558, 564 (5th Cir. 1995). Because the ALJ’s
determination that Cervantes is not disabled is supported by
substantial evidence, we do not reach her arguments concerning
the onset date of her mental disability.
AFFIRMED.