Igayac v. Massanari

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10891
Summary Calendar
MARCIA J. IGAYAC,
Plaintiff-Appellant,
versus
LARRY G. MASSANARI, ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:99-CV-274
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April 26, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Marcia J. Igayac appeals the district court's judgment
affirming the Commissioner of Social Security's denial of
disability benefits. She argues that the Administrative Law
Judge ("ALJ") erroneously accorded greater weight to the opinions
of consulting physicians than to the opinions of her treating
physician. She also argues that the ALJ failed to adequately
inform her of her statutory right to counsel prior to the
hearing.
*
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that this opinion should not be published and is not precedent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. 00-10891
-2-
Igayac failed to object in the district court to the
magistrate judge's report and recommendation. We therefore
review her claims only for plain error. See Parfait v. Bowen,
801 F.2d 810, 813 (5th Cir. 1986); Douglass v. United Servs.
Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996)(en banc). We
conclude that there was reliable medical evidence in the record
controverting Igayac's treating specialist and that the ALJ's
decision was supported by substantial evidence. See Shave v.
Apfel, 238 F.3d 592, 595 (5th Cir. 2001); Newton v. Apfel, 209
F.3d 448, 453 (5th Cir. 2000). We also conclude that the ALJ
adequately informed Igayac about her statutory right to counsel
at the hearing and that Igayac has not proven that she was
prejudiced by her waiver. See Brock v. Chater, 84 F.3d 726, 729
n.1 (5th Cir. 1996); Clark v. Schweiker, 652 F.2d 399, 403 (5th
Cir. 1981).
AFFIRMED.