White v. Social Security Administration

Fifth Circuit

White v. Social Security Administration

129 F. App'x 905

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 3, 2005

Docket04-30760

StatusUnpublished

Cited by2 cases

This text of 129 F. App'x 905 (White v. Social Security Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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White v. Social Security Administration, 129 F. App'x 905 (5th Cir. 2005).

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Opinion

PER CURIAM: *

Versie W. White, Jr., appeals the district court’s judgment affirming the decision of the Commissioner of Social Security that he is not disabled within the meaning of the Social Security Act. White contends that his seizure disorder and impairments to his right hand, arm and shoulder render him disabled. White also asserts that the Administrative Law Judge (ALJ) erred in failing to obtain additional medical expert evidence regarding his limitations and in *906 finding that a significant number of jobs that White can perform exist in the national and local economies.

This court’s review of the Commissioner’s decision is limited to determining whether substantial evidence in the record supports the decision and whether the Commissioner applied the proper legal standards. Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir.1994). The ALJ reviewed the testimony as well as numerous medical records regarding Mr. White’s conditions. The ALJ also had the benefit of two examinations by orthopedic surgeons regarding Mr. White’s physical limitations and a residual functional capacity assessment.

The evidence supports the ALJ’s decision that neither Mr. White’s seizure disorder nor the condition of his arm, wrist and shoulder equals any listed impairments. In addition, the record was sufficiently developed and, therefore, the ALJ was not required to obtain additional medical expert testimony. See Ford v. Secretary of Health & Human Servs., 659 F.2d 66, 69 (5th Cir.1981). Finally, the ALJ’s conclusion regarding available jobs within Mr. White’s abilities was supported by the record.

For the foregoing reasons, the judgment of the district court is AFFIRMED.

*

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.

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PER CURIAM: *

Versie W. White, Jr., appeals the district court’s judgment affirming the decision of the Commissioner of Social Security that he is not disabled within the meaning of the Social Security Act. White contends that his seizure disorder and impairments to his right hand, arm and shoulder render him disabled. White also asserts that the Administrative Law Judge (ALJ) erred in failing to obtain additional medical expert evidence regarding his limitations and in *906 finding that a significant number of jobs that White can perform exist in the national and local economies.

This court’s review of the Commissioner’s decision is limited to determining whether substantial evidence in the record supports the decision and whether the Commissioner applied the proper legal standards. Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir.1994). The ALJ reviewed the testimony as well as numerous medical records regarding Mr. White’s conditions. The ALJ also had the benefit of two examinations by orthopedic surgeons regarding Mr. White’s physical limitations and a residual functional capacity assessment.

The evidence supports the ALJ’s decision that neither Mr. White’s seizure disorder nor the condition of his arm, wrist and shoulder equals any listed impairments. In addition, the record was sufficiently developed and, therefore, the ALJ was not required to obtain additional medical expert testimony. See Ford v. Secretary of Health & Human Servs., 659 F.2d 66, 69 (5th Cir.1981). Finally, the ALJ’s conclusion regarding available jobs within Mr. White’s abilities was supported by the record.

For the foregoing reasons, the judgment of the district court is AFFIRMED.

*

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.

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129 F. App'x 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-social-security-administration-ca5-2005.

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