Bowser v. Apfel

U.S. Court of Appeals for the Fifth Circuit

Bowser v. Apfel

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________

No. 99-30361 Summary Calendar _____________________

WILLIE MAE BOWSER,

Plaintiff-Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana (98-CV-1389) _________________________________________________________________

January 4, 2000

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Willie Mae Bowser appeals from the district court’s affirmance

of the Commissioner of Social Security’s decision denying

supplemental security income benefits. She contends that the

Administrative Law Judge (“ALJ”) erred by failing to find that her

obesity and arthritis met one of the impairments listed in Appendix

1 of the Regulations, specifically the impairment listed in §

9.09(A).

The credited medical evidence of record supports the ALJ’s

decision that Bowser’s arthritis did not result in any limitation

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. of motion; thus, substantial evidence supports his conclusion that

Bowser did not meet or equal the impairment listed in § 9.09(A).

See Johnson v. Bowen,

864 F.2d 340, 343

(5th Cir. 1988); see also

Chaparro v. Bowen,

815 F.2d 1008, 1011

(5th Cir. 1987). This court

does not have jurisdiction to consider Bowser’s contention that the

ALJ applied the wrong legal standards in failing to comply with

Social Security Ruling 96-6P when he ignored the opinion of a

nonexamining medical consultant, because the contention was not

administratively exhausted. See Paul v. Shalala,

29 F.3d 208

, 210-

11 (5th Cir. 1994).

Because the ALJ’s conclusion that Bowser was not disabled is

supported by substantial evidence and resulted from the application

of proper legal standards, the district court’s judgment upholding

the Commissioner’s decision denying benefits is

AFFIRMED.

2

Reference

Status
Unpublished