Cain 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this opinion should not be published and is not precedent except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
July 28, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-51048
Summary Calendar
_____________________
CAROL D. CAIN,
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. 7:03-CV-56
__________________________________________________
Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed. The medical
reports prior to 2002 are consistent with the finding that
claimant can perform sedentary work. Her contention is based
solely on answers of Doctor Bartlett on a form dated July 8,
2002. He had first examined her on May 16. His entries about
her inability to sit or stand etc. are inconsistent with her own
testimony, her statements at the emergency center five months

-- 1 of 2 --

2
earlier, and her lab reports. Those conclusions of Dr. Bartlett
after apparently two contacts, based solely on what the patient
told him, were rejected by the administrative judge. We find no
error.
AFFIRMED.

-- 2 of 2 --