Flaczynski v. Astrue

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
_____________________ F I L E D
No. 07-50447 September 24, 2007
Summary Calendar
_____________________ Charles R. Fulbruge III
Clerk
JOHN FLACZYNSKI,
Plaintiff-Appellant
v.
MICHAEL J. ASTRUE, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
(1:06-CV-194)
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant John Flaczynski appeals the decision of the district
court affirming the finding of the Administrative Law Judge (ALC) that
Flaczynski is able to perform work for such sedentary level jobs as
maintenance scheduler, telephone quotation clerk, and optical assembler, for
which there are a substantial number of available jobs in the state and
national economy. Based on those findings, the ALJ ruled that Flaczynski is
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
not disabled within the meaning of the Social Security Act. In the course of
the deliberations at that level, the ALJ found Flaczynski not credible. The
Appeals Council denied review, after which Flaczynski sought review in the
district court pursuant to 42 U.S.C. § 405(g). The district court affirmed the
ALJ, and Flaczynski timely filed a notice of appeal.
We have carefully reviewed the entire record on appeal, including the
determinations of the ALJ and the district court, and the law as set forth in
the appellate briefs of the parties and determined by our independent
research.
Considering the well-known standard of appellate review of cases such
as this, i.e., whether substantial evidence in the record viewed in its entirety
supports the decision of the Commissioner and comports with relevant legal
standards, we are convinced that neither the ALJ nor the district court
committed reversible error in ruling for the Commissioner and against
Flaczynski on the issues properly preserved for appellate review.
Accordingly, the judgment of the district court affirming the ALJ and the
Commissioner is, in all respects,
AFFIRMED.
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