Holman v. Massanari

* 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that this opinion should not be published and is not precedent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. 01-10427
Summary Calendar
DELORIS HOLMAN,
Plaintiff-Appellant,
versus
LARRY G. MASSANARI,
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. 2:98-CV-22
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October 4, 2001
Before JOLLY, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Deloris Holman appeals the district court’s decision
affirming the determination by the Commissioner of Social
Security that she is not disabled within the meaning of the
Social Security Act. Holman argues that the Administrative Law
Judge (ALJ) did not consider the opinion of her internist, Dr.
George Marck. However, the record demonstrates that the ALJ
considered Dr. Marck’s opinion and evaluated that evidence in
light of the entire medical record and the vocational expert’s

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No. 01-10427
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opinion that a person with Holman’s medical limitations could
perform past relevant work. The ALJ did not err in resolving the
conflict in the evidence against Holman’s claim. See Chaparro v.
Bowen, 815 F.2d 1008, 1011 (5th Cir. 1987). Substantial evidence
also supports the ALJ’s determination regarding the credibility
of Holman’s complaints of pain, and that determination is
entitled to judicial deference. See Hollis v. Bowen, 837 F.2d
1378, 1384 (5th Cir. 1988). The judgment of the district court
affirming the Commissioner’s decision is AFFIRMED. See Villa v.
Sullivan, 895 F.2d 1019, 1024-25 (5th Cir. 1990).

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