Likes v. Apfel, et al

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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10849
Summary Calendar
DANNY E. LIKES,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, 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. 6:98-CV-78-C
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July 28, 2000
Before HIGGINBOTHAM, DUHE’, and WIENER, Circuit Judges.
PER CURIAM:1
Danny E. Likes appeals the district court’s summary judgment
affirming the Commissioner’s decision denying disability benefits
under 42 U.S.C. § 405(g). He argues that there is no substantial
(or credible) evidence to support the Commissioner’s determination
that alcohol was a material factor in his medical condition.
The Commissioner’s decision is supported by substantial
evidence in light of the lay testimony and medical history.
Newton v. Apfel, 209 F.3d 448, 452 (5th Cir. 2000). Likes has
failed to carry his burden of proving that his alcohol addiction is

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not a contributing factor material to his disability. Brown v.
Apfel, 192 F.3d 492, 498 (5th Cir. 1999). Accordingly, the
judgment of the district court is AFFIRMED.

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