Bowser vs. Apfel (5th Cir. 2000)

Federal Circuits, 5th Cir. (January 12, 2000)

Docket number: 99-30361

Permanent Link: http://vlex.com/vid/bowser-vs-apfel-18387531
Id. vLex: VLEX-18387531

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U.S. Court of Appeals for the 5th Cir. - 45 Soc.Sec.Rep.Ser. 12, Unempl.Ins.Rep. (Cch) P 14074Bethel Paul, Plaintiff-Appellant,V.Donna E. Shalala, Secretary of Health and Human Services,Defendant-Appellee., 29 F.3d 208 (5th Cir. 1994)

U.S. Court of Appeals for the 5th Cir. - Ramon Chaparro, Plaintiff-Appellant, v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 86-1738. Summary Calendar., 815 F.2d 1008 (5th Cir. 1987)

U.S. Court of Appeals for the 5th Cir. - Kernis J. Johnson, Plaintiff-Appellant, v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 88-4521. Summary Calendar., 864 F.2d 340 (5th Cir. 1988)

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of the Regulations, specifically the impairment listed in § 9.09(A).

The credited medical evidence of record s upports the ALJ§ 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 BowserÂ’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 nonexamini ng medical consultant, because the contention was n ot administratively exhausted. S ee Paul v. Shalala , 29 F.3d 208, 210- 11 (5th Cir. 1994).

Because the ALJÂ’s conclusion that Bowser was not disabled is supported by substantial evidence and resulted from the application of proper legal standards, the district courtÂ’s judgment upholding the CommissionerÂ’s decision denying benefits is AFFIRMED .

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 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 courtÂ’s affirmance of the Commissioner of Social SecurityÂ’s decision denying supplemental security income benefits. She contends that the Administrative Law Judge (Â“ALJÂ”) erred by failing to find that her obesity and arthritis met one of the impairments listed in Appendix