Bates v. Astrue

Full title: Gloria J. BATES, Plaintiff-Appellant v. Michael J. ASTRUE, Commissioner of…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 22, 2009

327 F. App'x 516 (5th Cir. 2009)

Opinion

No. 08-11111 Summary Calendar.

June 22, 2009.

Robert E. Barfield, Amarillo, TX, for Plaintiff-Appellant.

Roberta Gene Bowie, Social Security Administration, Office of the General Counsel Region VI, Dallas, TX, Dale Gordon Bryant, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Amarillo, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 2:05-cv-00269.

Before DAVIS, GARZA, and PRADO, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Plaintiff-Appellant Gloria J. Bates ("Bates") appeals the Commissioner of Social Security's denial of her application for disability insurance benefits and supplemental security income benefits. On review, "we consider only whether the Commissioner applied the proper legal standards and whether substantial evidence in the record supports the decision to deny benefits." Audler v. Astrue, 501 F.3d 446, 447 (5th Cir. 2007); see 42 U.S.C. § 405(g). As Magistrate Judge Clinton E. Averitte's thorough Report and Recommendation explained, see Bates v. Astrue, No. 2:05-cv-0269, 2008 WL 4367287 (N.D.Tex. Sept. 24, 2008), the Administrative Law Judge ("ALJ") applied the proper legal standards, and the medical records from Doctors Plata and Saadeh provide substantial evidence to support the ALJ's finding that Bates was not disabled.

AFFIRMED.