Gibbons v. Barnhart

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
December 17, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-50653
Summary Calendar
DANA GIBBONS,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART,
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 603-CV-256)
_______________________________________________________
Before REAVLEY, WIENER, and 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. Brown v. Apfel, 192 F.3d 492, 496 (5th
Cir. 1999). Despite Gibbons’ claims of disabling symptoms to her treating doctors,
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
therapy notes and school records show that throughout the relevant time period Gibbons
engaged in a full range of activities, including regularly going to the grocery store, acting
as the sole caretaker for her child, attending technical and acupuncture schools, making
new friends, and successfully losing weight. Further, Gibbons could perform other jobs
existing in significant numbers in the national economy such as packing boxes, cleaning
vehicles, or assembling products. The ALJ also properly determined that the opinion of
Gibbons’ treating doctors were in contradiction with their examination notes and the
record as a whole. See Greenspan v. Shalala, 38 F.3d 232, 237 (5th Cir. 1994). The
district court’s decision is AFFIRMED.
2