Armstrong vs. Apfel (5th Cir. 1999)

Federal Circuits, 5th Cir. (May 04, 1999)

Docket number: 98-60124


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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-60124 Summary Calendar ELLA ARMSTRONG, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:97-CV-57-B April 30, 1999 Before HIGGINBOTHAM, JONES and DENNIS, Circuit Judges.

PER CURIAM: * Ella Armstrong appeals the district court§ 405(g) for review of the Administrative Law JudgeÂ’s (“ALJ”) decision denying her request for Disability Insurance Bene fits and Supplemental Security Income . We review the CommissionerÂ’s decision to determine whether the decision is supported by substantial evidence in the record and whether the Commissioner applied the proper legal standards in evaluating the evidence. V illa v. Sullivan , 895 F.2d 1019, 1021 (5th Cir. 1990).

Armstrong makes the following contentions: (1) the Commissioner did not adequately consider “the severity and effects” of her physical impairments on her residual f unctional capacity; (2) the Commissioner did not properly evaluate her mental impairments; (3) the ALJ failed to fulfill his duty by not ordering a consultative neurological examination; and 4) the case should be remanded because the transcript of the hearing before the ALJ contains “repeated references to the inaudibility of [Armstrong’s] testimony.” We have reviewed the record and the parties’ briefs, and we find no reversible error. Accordingly, we AFFIRM the judgment entered by the district court. S ee Armstrong v. Apfel , No. 3:97CV57-B-B (N.D. Miss.

Jan. 12, 1998). AFFIRMED.

No. 98-60124

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