Gooding vs. Shalala (5th Cir. 1995)

Federal Circuits, 5th Cir. (August 31, 1995)

Docket number: 95-10044

Permanent Link: http://vlex.com/vid/gooding-vs-shalala-18406250
Id. vLex: VLEX-18406250

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. - 45 Soc.Sec.Rep.Ser. 618, Unempl.Ins.Rep. (Cch) P 14170B Glenn G. Latham, Plaintiff-Appellant, v. Donna E. Shalala, Secretary Department of Health & Human Services, Defendant-Appellee., 36 F.3d 482 (5th Cir. 1994)

U.S. Court of Appeals for the 5th Cir. - Elmer G. Johnson, Plaintiff-Appellant, v. Margaret M. Heckler, Secretary of Health and Human Services, Defendant-Appellee. No. 84-5016. Summary Calendar., 767 F.2d 180 (5th Cir. 1985)

U.S. Court of Appeals for the 5th Cir. - Alvin R. Harrell, Plaintiff-Appellant, v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 88-1377. Summary Calendar., 862 F.2d 471 (5th Cir. 1988)

See other documents that cite the same legislation

Text:

: Thelma Gooding appeals the denial of her application for disability benefits. We affirm.

Gooding correctly argues that the district cou rt erred by considering new evidence of her obesity which h ad not been considered by the Commissioner. S ee Harrell v. Bowen , 862 F.2d 471, 475 (5th Cir. 1988). This error was harmless, however, because the evidence was not material to the issue of her disability at the time she applied for benefits or at the time of the hearing. J ohnson v .

Heckler , 767 F.2d 180, 183 (5th Cir. 1994); see also Latham v. Shalala , 36 F.3d 482, 483 & n.2 (5th Cir. 1994). The new evidence relates to periods well after both events.

This evidence may, however, form the basis of a new claim.

Appellant next argues that the Administrati ve Law Judge misstated her tes timony regarding her daily activities and her symptoms. The record belies this argument. We are satisfied that he correctly recounted both her tes timony and her symptoms.

Appellant then complains that the ALJ did not properly apply the two-step process for evaluating symptoms. Yet Appellant cites no authority that the record must demonstrate that the steps were each applied discreetly and indeed th e regulation itself does not so state. S ee C.F.R. § 404.1529. The judge did state that in making his findings he had considered all evidence presented relating to Gooding's complaints.

AFFIRMED.

1 Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the Court has determined that this opinion should not be published. UNITED STATES COURT OF APPEALS for the Fifth Circuit No. 95-10044 Summary Calendar THELMA GOODING, Plaintiff-Appellant, VERSUS DONNA E. SHALALA, SECRETARY, DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas (3:93 CV 1675 G) August 31, 1995 Before HIGGINBOTHAM, DUHÃ‰, and EMILIO M. GARZA, Circuit Judges. PER CURIAM