Monk v. Apfel
Monk v. Apfel
Opinion
No. 99-50085 -1-
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-50085 Summary Calendar
SUZANNE MONK,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-95-CV-679-SS --------------------
January 11, 2000
Before POLITZ, WIENER, and STEWART, Circuit Judges.
PER CURIAM:*
Suzanne Monk appeals the district court’s affirmance of the
Social Security Commissioner’s denial of disability benefits.
She contends that Administrative Law Judge (ALJ) did not consider
the debilitating effect of Monk’s lupus, Monk’s difficulties with
using her hands, or the disabling effect of the combination of
all of Monk’s impairments. She also argues that there was
uncontested evidence from her treating physician that Monk’s
condition equaled a listed impairment. She lastly contends that
the Commissioner did not carry its burden of demonstrating that
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-50085 -2-
there were a significant number of available jobs in the national
economy which Monk could perform.
Our review of the record reveals that the ALJ considered all
of Monk’s impairments, as well as the combined effect of her
impairments. The report regarding Monk’s condition matching a
listed impairment was not presented in the proceedings before the
ALJ or the Appeals Council. Monk has not shown good cause for
not before presenting such evidence. Also, the report does not
indicate whether Monk’s condition equaled a listed impairment
during the time her application for benefits was pending. See
Falco v. Shalala,
27 F.3d 160, 164(5th Cir. 1994). Lastly, the
record shows that the Commissioner carried its burden of
demonstrating that there were a significant number of jobs
available in the national economy which Monk could perform. See
42 U.S.C. § 423(d)((2)(A). The evidence supporting this
determination was substantial. See
id. at 162.
AFFIRMED.
Reference
- Status
- Unpublished