Bates v. Astrue

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 22, 2009
No. 08-11111 Charles R. Fulbruge III
Summary Calendar Clerk
GLORIA J BATES
Plaintiff-Appellant
v.
MICHAEL J ASTRUE, COMMISSIONER OF SOCIAL SECURITY
Defendant-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:05-cv-00269
Before DAVIS, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Gloria J. Bates (“Bates”) appeals the Commissioner of
Social Security’s denial of her application for disability insurance benefits and
supplemental security income benefits. On review, “we consider only whether
the Commissioner applied the proper legal standards and whether substantial
evidence in the record supports the decision to deny benefits.” Audler v. Astrue,
501 F.3d 446, 447 (5th Cir. 2007); see 42 U.S.C. § 405(g). As Magistrate Judge
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-11111
Clinton E. Averitte’s thorough Report and Recommendation explained, see Bates
v. Astrue, No. 2:05-cv-0269, 2008 WL 4367287 (N.D. Tex. Sept. 24, 2008), the
Administrative Law Judge (“ALJ”) applied the proper legal standards, and the
medical records from Doctors Plata and Saadeh provide substantial evidence to
support the ALJ’s finding that Bates was not disabled.
AFFIRMED.
2