Cortinez v. Barnhart

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS January 22, 2007
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 06-10880
Summary Calendar
SYLVIA S. CORTINEZ,
Plaintiff - Appellant,
v.
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant - Appellee.
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Appeal from the United States District Court
for the Northern District of Texas, Amarillo Division
USDC No. 2:03-CV-0156
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Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
Sylvia S. Cortinez (“Cortinez”) filed a claim under the
Social Security Act for Disability Insurance Benefits and
Supplemental Security Income. The Administrative Law Judge
(“ALJ”) denied Cortinez’s claim and the Appeals Council affirmed
the decision of the ALJ. Treating the decision of the Appeals
Council as the final decision of the Commissioner of Social
Security, Cortinez filed suit in the district court for 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that this opinion should not be published and is not precedent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.
Northern District of Texas seeking judicial review of the
Commissioner’s decision. The case was referred to a Magistrate
Judge for Report and Recommendation, and the Magistrate Judge
recommended that Cortinez’s petition for review be denied. The
district court adopted the Magistrate Judge’s Report and
Recommendation and entered final judgment denying any relief to
Cortinez. Cortinez appeals to this Court.
Our review is limited to determining (1) whether there is
substantial evidence in the record as a whole to support the
Commissioner’s decision, and (2) whether the Commissioner’s
decision comports with relevant legal standards. Jones v. Apfel,
174 F.3d 692, 693 (5th Cir. 1999). We have carefully reviewed
the briefs, record excerpts, and relevant portions of the record
itself. For the reasons stated in the Magistrate Judge’s Report
and Recommendation, as adopted by the district court, we affirm
the decision of the district court to enter final judgment
against Cortinez.
AFFIRMED.