Robinson vs. Apfel (5th Cir. 2000)

Federal Circuits, 5th Cir. (June 07, 2000)

Docket number: 99-30861


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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-30861

Summary Calendar

MYRTLE M. ROBINSON,

Plaintiff-Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 98-CV-1287

June 6, 2000

Before GARWOOD, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:* Myrtle M. Robinson appeals the district court's affirmance of the Social Security Commissioner's denial of supplemental security income. She contends that the Administrative Law Judge's (ALJ) finding that her nonexertional mental impairment was non-severe violated the remand order of the Appeals Council, contravenes governing case law, and is not supported by the evidence. Robinson also avers that the ALJ failed to combine her mental impairment with her other impairments found severe at Step 2 of the sequential process and erred by relying solely on the Medical Vocational Guidelines to deny benefits at Step 5 of the sequential process.

Based upon a careful review of the record, the briefs, and applicable law, we conclude both that there was substantial evidence in the record to support the Commissioner's decision that Robinson was not disabled at any point during the relevant period and that the Commissioner used proper legal standards in evaluating the evidence. See villa v. Sullivan, 895 F.2d 1019, 1021 (5th Cir. 1990). The district court's judgment is AFFIRMED.

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 R. 47.5 the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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