Graham v. Barnhart , 122 F. App'x 104 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 26, 2005
Charles R. Fulbruge III
Clerk
No. 04-10556
Summary Calendar
RICKY A. GRAHAM,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
(2:01-CV-51)
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Before WIENER, BENAVIDES, AND STEWART, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Ricky A. Graham appeals the district
court’s judgment affirming the Social Security Commissioner’s
decision to deny disability benefits. He argues that the
determination by the Administrative Law Judge (ALJ) that he did not
meet or equal the criteria of any impairments listed in Appendix 1,
20 C.F.R. Part 404 was not supported by substantial evidence.
Graham contends that he met the requirements for establishing the
affective disorder of depression under 20 C.F.R. Pt. 404, Subpt. P,
*
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that this opinion should not be published and is not precedent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.
App. 1, § 12.04. We have reviewed the record and the parties’
briefs and conclude that ALJ’s determination that Graham’s
depression did not meet or equal the criteria of any impairments
listed in Appendix 1, 20 C.F.R. Part 404 is supported by
substantial evidence. See Anthony v. Sullivan, 954 F.2d 289, 292
(5th Cir. 1992); Villa v. Sullivan, 895 F.2d 1019, 1021-22 (5th
Cir. 1990). The ALJ was not required to give precedence to
subjective evidence over objective evidence which showed that
Graham’s depression was not disabling. Anthony, 954 F.2d at 295-
96. Further, no doctor testified that Graham was disabled as a
result of his alleged depression. Vaughan v. Shalala, 58 F.3d 129,
131 (5th Cir. 1995).
Moreover, Graham’s testimony regarding his daily activities
was inconsistent with his claimed limitations. Reyes v. Sullivan,
915 F.2d 151, 154-155 (5th Cir. 1990). Finally, medical records
showed that Graham was prescribed Wellbutrin and that he was
responding well to the medication. See Johnson v. Bowen, 864 F.2d
340, 348 (5th Cir. 1988). The judgment of the district court is
AFFIRMED.
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