White v. Social Security Administration , 129 F. App'x 905 ( 2005 )


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  •                                                            United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   May 3, 2005
    Charles R. Fulbruge III
    Clerk
    No. 04-30760
    Summary Calendar
    VERSIE W. WHITE, JR.,
    Plaintiff-Appellant,
    versus
    SOCIAL SECURITY ADMINISTRATION,
    Defendant-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 5:02-CV-2299
    --------------------
    Before DAVIS, SMITH, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Versie W. White, Jr., appeals the district court’s judgment
    affirming the decision of the Commissioner of Social Security
    that he is not disabled within the meaning of the Social Security
    Act.       White contends that his seizure disorder and impairments to
    his right hand, arm and shoulder render him disabled.          White also
    asserts that the Administrative Law Judge (ALJ) erred in failing
    to obtain additional medical expert evidence regarding his
    *
    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    this opinion should not be published and is not precedent except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. 04-30760
    -2-
    limitations and in finding that a significant number of jobs that
    White can perform exist in the national and local economies.
    This court’s review of the Commissioner’s decision is
    limited to determining whether substantial evidence in the record
    supports the decision and whether the Commissioner applied the
    proper legal standards.   Greenspan v. Shalala, 
    38 F.3d 232
    , 236
    (5th Cir. 1994).   The ALJ reviewed the testimony as well as
    numerous medical records regarding Mr. White’s conditions.     The
    ALJ also had the benefit of two examinations by orthopedic
    surgeons regarding Mr. White’s physical limitations and a
    residual functional capacity assessment.
    The evidence supports the ALJ’s decision that neither Mr.
    White’s seizure disorder nor the condition of his arm, wrist and
    shoulder equals any listed impairments.    In addition, the record
    was sufficiently developed and, therefore, the ALJ was not
    required to obtain additional medical expert testimony.     See Ford
    v. Secretary of Health & Human Servs., 
    659 F.2d 66
    , 69 (5th Cir.
    1981).   Finally, the ALJ’s conclusion regarding available jobs
    within Mr. White’s abilities was supported by the record.
    For the foregoing reasons, the judgment of the district
    court is AFFIRMED.
    

Document Info

Docket Number: 04-30760

Citation Numbers: 129 F. App'x 905

Judges: Davis, Smith, Dennis

Filed Date: 5/3/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024