Robinson v. Apfel

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30861
Summary Calendar
MYRTLE M. ROBINSON,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 98-CV-1287
June 6, 2000
Before GARWOOD, BENAVIDES and DENNIS, Circuit Judges.
PER CURIAM:*
Myrtle M. Robinson appeals the district court’s affirmance
of the Social Security Commissioner’s denial of supplemental
security income. She contends that the Administrative Law
Judge’s (ALJ) finding that her nonexertional mental impairment
was non-severe violated the remand order of the Appeals Council,
contravenes governing case law, and is not supported by the
*
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opinion should not be published and is not precedent except under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.
evidence. Robinson also avers that the ALJ failed to combine her
mental impairment with her other impairments found severe at Step
2 of the sequential process and erred by relying solely on the
Medical Vocational Guidelines to deny benefits at Step 5 of the
sequential process.
Based upon a careful review of the record, the briefs, and
applicable law, we conclude both that there was substantial
evidence in the record to support the Commissioner’s decision
that Robinson was not disabled at any point during the relevant
period and that the Commissioner used proper legal standards in
evaluating the evidence. See villa v. Sullivan, 895 F.2d 1019,
1021 (5th Cir. 1990). The district court’s judgment is AFFIRMED.
2