Stevenson v. Barnhart

04-50201Court of Appeals for the Fifth CircuitFeb 21, 2005

Full text

* 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this opinion should not be published and is not precedent except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
February 21, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50201
Summary Calendar
AL STEVENSON,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-03-CV-392-RP
--------------------
Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Al Stevenson appeals the district court's judgment affirming
the determination of the Commissioner of Social Security that he
is not disabled within the meaning of the Social Security Act.
We find that the Administrative Law Judge correctly applied the
relevant legal standards in evaluating the medical evidence; in
determining Stevenson’s residual functional capacity; and in
assessing the credibility of Stevenson’s complaints of fatigue.
See Greenspan v. Shalala, 38 F.3d 232, 236 (5th Cir. 1994).

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No. 04-50201
-2-
Moreover, the record provides substantial evidence supporting the
Commissioner’s conclusion that Stevenson is not disabled. See
id. Stevenson’s case does not present circumstances under which
the ALJ is required to make a separate finding that Stevenson is
able to maintain employment over a significant period of time.
See Watson v. Barnhart, 288 F.3d 212 (5th Cir. 2002); Dunbar v.
Barnhart, 330 F.3d 670, 672 (5th Cir. 2003).
AFFIRMED.

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