Meredith v. Barnhart ( 2002 )


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  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 01-50895
    Summary Calendar
    MARGARET A. MEREDITH,
    Plaintiff-Appellant,
    versus
    JO ANNE B. BARNHART, COMMISSIONER
    OF SOCIAL SECURITY,
    Defendant-Appellee.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. A-99-CV-536-SS
    - - - - - - - - - -
    April 22, 2002
    Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Margaret A. Meredith appeals the district court’s affirmance
    of   the   Social   Security   Commissioner’s   decision   to   deny   her
    disability insurance benefits and Supplemental Security Income
    under the Social Security Act.
    Meredith contends that the Commissioner’s decision was not
    supported by “substantial evidence,” in that the Administrative Law
    Judge (“ALJ”) failed to consider that impairments to her feet,
    knees, hips, and shoulders precluded her from performing the “full
    *
    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    that this opinion should not be published and is not precedent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.
    No. 01-50895
    -2-
    range of light work.”           She also contends that the ALJ erred in
    determining that she did not have an impairment or combination of
    impairments that met or equaled any of the Commissioner’s listings
    of impairments at 20 C.F.R., App. 1, Subpt. P, Regulations No. 4.
    We review the ALJ’s decision to deny benefits by determining (1)
    whether the ALJ applied the correct legal standards and (2) whether
    his decision is supported by substantial evidence.               Greenspan v.
    Shalala, 
    38 F.3d 232
    , 236 (5th Cir. 1994).
    Meredith’s contention that she could not perform light work,
    because of impairments to her feet, knees, and hips, was not
    supported by “medically acceptable clinical laboratory diagnostic
    techniques.”       See Greenspan, 
    38 F.3d at 237
    .        The same is true of
    her claim that she met one of the impairment listings in the
    Commissioner’s regulations.            See 
    id.
            No examining physician
    explicitly stated that Meredith’s exertional limitations were such
    that   she   could    not   perform    “light”   work.     See   
    20 C.F.R. § 404.1567
    (b).       Although her treating physician, internist Dr. Hans
    Haydon, indicated that she met one of the impairment listings, the
    X-ray evidence to which Dr. Haydon referred purportedly included
    only   negative      findings    or   showed   only    “minor”   or   “minimal”
    degenerative changes in her joints.
    AFFIRMED.
    

Document Info

Docket Number: 01-50895

Filed Date: 4/23/2002

Precedential Status: Non-Precedential

Modified Date: 12/21/2014