Holman vs. Massanari (5th Cir. 2001)

Federal Circuits, 5th Cir. (October 09, 2001)

Docket number: 01-10427

Permanent Link: http://vlex.com/vid/holman-vs-massanari-18416680
Id. vLex: VLEX-18416680

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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. - Carol A. Hollis, Plaintiff-Appellant, v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 87-4656. Summary Calendar., 837 F.2d 1378 (5th Cir. 1988)

U.S. Court of Appeals for the 5th Cir. - Manuel M. Villa, Plaintiff-Appellant, v. Louis W. Sullivan, Secretary of Health and Human Services, Defendant-Appellee. No. 89-1721 Summary Calendar., 895 F.2d 1019 (5th Cir. 1990)

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 01-10427 Summary Calendar DELORIS HOLMAN, Plaintiff-Appellant, versus LARRY G. MASSANARI, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 2:98-CV-22 October 4, 2001 Before JOLLY, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM: * Deloris Holman appeals the district courtÂ’s decision affirming the determination by the Commissioner of Social Security that she is not disabled within the meaning of the Social Security Act. Holman argues that the Administrative Law Judge (ALJ) did not consider the opinion of her internist, Dr. George Marck. However, the record demonstrates that the ALJ considered Dr. MarckÂ’s opinion and evaluated that evidence in light of the entire medical record and the vocational expertÂ’s opinion that a person with HolmanÂ’s medical limitations could perform past relevant work. The ALJ did not err in resolving the conflict in the evidence against HolmanÂ’s claim. See Chaparro v. Bowen , 815 F.2d 1008, 1011 (5th Cir. 1987). Substantial evidence also supports the ALJÂ’s determination regarding the credibility of HolmanÂ’s complaints of pain, and that determination is entitled to judicial deference. See Hollis v. Bowen , 837 F.2d 1378, 1384 (5th Cir. 1988). The judgment of the district court affirming the CommissionerÂ’s decision is AFFIRMED. See Villa v. Sullivan , 895 F.2d 1019, 1024-25 (5th Cir. 1990).

No. 01-10427