Ortiz v. Barnhart

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 7, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-11196
Summary Calendar
ELLEN M. ORTIZ,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:99-CV-212
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Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ellen M. Ortiz appeals the district court’s judgment
affirming the denial of her application for disability insurance
benefits and supplemental security income. Ortiz contends that
she is entitled to relief because (1) the Administrative Law
Judge (ALJ) should have found her disabled under § 1.05 of the
Listing of Impairments, 20 C.F.R. Pt. 404, Subpt. P., App. 1;
(2) the vocational expert (VE) committed perjury at her 1998

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No. 02-11196
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administrative hearing; (3) the ALJ’s hypothetical question
to the VE did not include all of her proven impairments; and
(4) the VE failed to identify a significant number of jobs in
the economy which she could perform.
We AFFIRM, essentially for the reasons stated in the
magistrate judge’s report, which the district court adopted.
See Ortiz v. Barnhart, No. 2:99-CV-0212 (N.D. Tex. Aug. 20,
2002).
AFFIRMED.

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