IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-51172 Summary Calendar

CARRIE E. BEATY,

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. SA-98-CV-436-HG -------------------- August 21, 2000

Before JOLLY, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM:1

Carrie E. Beaty appeals the district court's judgment

affirming the Commissioner of Social Security's denial of

disability benefits. Beaty argues that there is no substantial

evidence to support the Commissioner's decision. Having reviewed

the entire record, we find that the decision was supported by

substantial evidence and the proper legal standards were used in

evaluating the evidence. See Bowling v. Shalala,

(5th Cir. 1994); Ripley v. Chater,

(5th Cir.

1995).

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Beaty asserts that the ALJ found that she did not have a

severe impairment prior to the expiration of her insured status on

June 30, 1992. This assertion is incorrect. The ALJ specifically

found that Beaty did have a severe impairment prior to June 30,

1992, but that her impairment did not preclude her from performing

her past relevant work. Accordingly there is no merit to Beaty’s

contention that additional medical testimony was needed to

establish that the condition existed prior to the expiration of her

insured status.

Beaty also argues that the ALJ erred in discounting her

complaints of pain. Contrary to this assertion, the ALJ considered

the factors relevant to complaints of debilitating pain pursuant to

. There is substantial evidence to support

ALJ's finding that Beaty’s testimony regarding her functional

limitations and pain was not supported by the medical record and

was not credible.

Beaty also asserts that the ALJ erred in determining that she

had the residual functional capacity to perform her past relevant

work as a waitress. Beaty has not supported this assertion by any

argument citing to evidence in the record or case law.

Accordingly, this issue has been abandoned. Fed. R. App. P. 28

(a)(9); Yohey v. Collins,

(5th Cir. 1993) ;

Brinkmann v. Dallas County Deputy Sheriff Abner,

(5th Cir. 1987).

AFFIRMED.

2