U.S. Court of Appeals for the Fifth Circuit, 2000

Bowser v. Apfel

Bowser v. Apfel
U.S. Court of Appeals for the Fifth Circuit · Decided January 12, 2000

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 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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- (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.

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