Bates v. Astrue

Filing 920090622

Opinion

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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

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