Bowers vs. Apfel (5th Cir. 2000)

Federal Circuits, 5th Cir. (July 26, 2000)

Docket number: 99-41393

Permanent Link: http://vlex.com/vid/bowers-vs-apfel-18386196
Id. vLex: VLEX-18386196

Click here to download this article in graphic format (Acrobat Reader)

Document language

Request manual translation

Search in this document

Document options

Citations:

Loading article preview... cerrar

U.S. Court of Appeals for the 5th Cir. - 59 Soc.Sec.Rep.Ser. 778, Unempl.Ins.Rep. (Cch) P 16122B Orie W. Mcqueen, Plaintiff-Appellant, v. Kenneth S. Apfel, Commissioner of Social Security, Defendant-Appellee., 168 F.3d 152 (5th Cir. 1999)

U.S. Court of Appeals for the 5th Cir. - Elizabeth Anthony, Plaintiff-Appellant, v. Louis W. Sullivan, M.D., Secretary Health and Human Services, Defendant-Appellee., 954 F.2d 289 (5th Cir. 1992)

U.S. Court of Appeals for the 5th Cir. - Thomas R. Green, Plaintiff/Appellant, v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant/Appellee. No. 82-4221. Summary Calendar., 694 F.2d 108 (5th Cir. 1982)

U.S. Court of Appeals for the 5th Cir. - Florence M. Wren, Plaintiff-Appellant, v. Louis W. Sullivan, M.D., Secretary of Health & Human Services, Defendant-Appellee. No. 90-1584. Summary Calendar., 925 F.2d 123 (5th Cir. 1991)

See other documents that cite the same legislation

Text:

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 99-41393 Summary Calendar IVA BOWERS, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:99-CV-39 July 24, 2000 Before SMITH, PARKER, and DENNIS, Circuit Judges.

PER CURIAM: * Iva Bowers appeals the CommissionerÂ’s denial of her application for disability benefits. The district court affirmed the denial.

Bowers argues that the Commissioner erred by failing to apply Social Security Ruling 99-3(5) and this courtÂ’s decision in McQueen v. Apfel , 168 F.3d 152, 155-56 (5th Cir. 1999), to her case. However, the Commissioner determined at the fourth step of the evaluation process that Bowers was not disabled. McQueen and Ruling 99-3(5) apply to determinations made at the fifth step of the analysis. See McQueen , 168 F.3d at 154-56; 64 Fed. Reg. 28,855. Accordingly, there was no need for the Commissioner to reach the fifth step. See, e.g. , Wren v. Sullivan , 925 F.2d 123, 125-26 (5th Cir. 1991).

Bowers argues that the Commissioner erred by failing to hear from a vocational expert. Because the Commissioner determined at the fourth step that Bowers was not disabled, there was no need to consult a vocational expert. See Green v. Schweiker , 694 F.2d 108, 112 (5th Cir. 1982).

Bowers argues that the Commissioner did not properly evaluate the medical evidence. Having reviewed the record, we conclude that it contains substantial evidence in support of the CommissionerÂ’s findings. See Anthony v. Sullivan , 954 F.2d 289, 295 (5th Cir. 1992).

AFFIRMED.

No. 99-41393