Webb v. Apfel

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that this opinion should not be published and is not precedent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. 00-30292
Summary Calendar
WANDA SUE WEBB,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 98-CV-652-B
- - - - - - - - - -
November 2, 2000
Before JOLLY, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:1
Wanda Sue Webb appeals the magistrate judge’s summary judgment
affirming the Commissioner’s decision denying disability benefits
under 42 U.S.C. § 405(g). Her arguments that (1) the ALJ failed to
properly consider the totality of the vocational expert’s
testimony, and (2) the ALJ overlooked assessments and opinions
contained in the medical reports that established that her mental
impairments prevent Webb from performing substantial gainful
activity are ancillary to the issue whether there is substantial

-- 1 of 2 --

2
evidence to support the Commissioner’s determination that Webb’s
mental impairments did not render her disabled.
The Commissioner’s decision is supported by substantial
evidence in light of the vocational expert’s testimony and Webb’s
medical history. See Newton v. Apfel, 209 F.3d 448, 452 (5th Cir.
2000). Accordingly, Webb has failed to carry her burden of proving
that she is not capable of performing the jobs summarized in the
ALJ’s decision and thus that she is not disabled. See Selders v.
Sullivan, 914 F.2d 614, 618 (5th Cir. 1990). The judgment of the
magistrate judge is
AFFIRMED.

-- 2 of 2 --