Booker v. Apfel
Booker v. Apfel
Opinion
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
_______________________
No. 97-20343 Summary Calendar _______________________
DARRELL LEON BOOKER,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, Commissioner of Social Security,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court for the Southern District of Texas (H-96-CV-832) _________________________________________________________________ January 5, 1998
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Darrell Leon Booker appeals from the summary judgment
affirming the denial of his application for disability insurance
benefits and Supplemental Security Income.
Booker contends that the Administrative Law Judge (ALJ)
did not consider all of his medical records. We have reviewed the
record and find that the additional documents submitted by Booker
* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. were considered by the ALJ or the information contained in the
documents was presented to the ALJ.
Booker also relies on his orthopedic doctor’s opinion
that he is permanently disabled and this his limitations are
similar to listing 1.04A in Appendix 1. His doctor’s brief and
conclusory opinion is not adequately supported by the record as a
whole. Spellman v. Shalala,
1 F.3d 357, 364-65(5th Cir. 1993).
The medical evidence in this case reveals that Booker does not
exhibit symptoms in both shoulders. Accordingly, there is
substantial evidence to support the ALJ’s finding that his
impairment did not meet or equal the medical criteria for any
impairment listed in Appendix 1. See 20 C.F.R. Part 404, Subpart
P, Appendix 1, Listing 1.04.
AFFIRMED.
2
Reference
- Status
- Unpublished