Johnson vs. Barnhart (5th Cir. 2005)

Federal Circuits, 5th Cir. (March 30, 2005)

Docket number: 04-11235

Permanent Link: http://vlex.com/vid/johnson-vs-barnhart-19557603
Id. vLex: VLEX-19557603

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U.S. Court of Appeals for the 5th Cir. - 49 Soc.Sec.Rep.Ser. 118, Unempl.Ins.Rep. (Cch) P 14848B Don E. Leggett, Plaintiff-Appellant, v. Shirley E. Chater, Commissioner of the Social Security Administration, Defendant-Appellee., 67 F.3d 558 (5th Cir. 1995)

U.S. Court of Appeals for the 5th Cir. - Rayfield Carrier, Plaintiff-Appellant, v. Louis Sullivan, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 91-4136. Summary Calendar., 944 F.2d 243 (5th Cir. 1991)

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Text:

United States Court of Appeals

Fifth Circuit

F I L E D

IN THE UNITED STATES COURT OF APPEALS

March 30, 2005

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 04-11235

Summary Calendar

GEARY JOHNSON,

Plaintiff-Appellant,

versus

JO ANNE B. BARNHART, COMMISSIONER

OF SOCIAL SECURITY,

Defendant-Appellee.

Appeal from the United States District Court for

the Northern District of Texas

(USDC No. 2:01-CV-250)

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:* We affirm the decision of the district court for the following reasons: 1. Substantial evidence in the record supports the Commissioner's conclusion that Johnson's condition does not meet a listed impairment, including Listing 1.05(C). Leggett v. Chater, 67 F.3d 558, 564 (5th Cir. 1995). Johnson has not shown that his condition satisfies each medical criterion of Listing 1.05(C). Sullivan v. Zebley, 493 U.S. 521,

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

530 (1990).

2. Substantial evidence in the record supports the Commissioner's assessment of Johnson's residual functional capacity. 20 C.F.R. §

404.1545(a)(1) (2005); Leggett, 67 F.3d at 564 (5th Cir. 1995). Substantial evidence supports the Commissioner's conclusion that Johnson's subjective complaints regarding the severity of his pain and his need to lie down for several hours a day were not entirely credible. Carrier v. Sullivan, 944 F.2d 243, 247-48 (5th Cir. 1991). AFFIRMED.