Bates v. Astrue

Filing 920090622


Download PDF
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 22, 2009 No. 08-11111 Summary Calendar Charles R. Fulbruge III Clerk GLORIA J BATES Plaintiff-Appellant v. MICHAEL J ASTRUE, COMMISSIONER OF SOCIAL SECURITY Defendant-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 2:05-cv-00269 Before DAVIS, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Plaintiff-Appellant Gloria J. Bates ("Bates") appeals the Commissioner of Social Security's denial of her application for disability insurance benefits and supplemental security income benefits. On review, "we consider only whether the Commissioner applied the proper legal standards and whether substantial evidence in the record supports the decision to deny benefits." Audler v. Astrue, 501 F.3d 446, 447 (5th Cir. 2007); see 42 U.S.C. 405(g). As Magistrate Judge 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-11111 Clinton E. Averitte's thorough Report and Recommendation explained, see Bates v. Astrue, No. 2:05-cv-0269, 2008 WL 4367287 (N.D. Tex. Sept. 24, 2008), the Administrative Law Judge ("ALJ") applied the proper legal standards, and the medical records from Doctors Plata and Saadeh provide substantial evidence to support the ALJ's finding that Bates was not disabled. AFFIRMED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?