Martinez v. Barnhart ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
December 23, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-50359
Summary Calendar
SIMON MARTINEZ,
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. 1:02-CV-584-SS)
_______________________________________________________
Before REAVLEY, WIENER, BENAVIDES, Circuit Judges.
PER CURIAM:*
The ALJ’s decisions was supported by substantial evidence, and the ALJ used the
proper legal standards to evaluate the evidence. See Brown v. Apfel, 192 F.3d 492, 496
(5th Cir. 1999). The objective medical evidence supports the ALJ’s determination that
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Martinez is capable of performing light work. Further, Martinez’s condition does not
wax and wane to the extent that a separate capable-of-maintaining-employment finding
was necessary in this case. See Frank v. Barnhart, 326 F.3d 618 (5th Cir. 2003).
AFFIRMED.
2