Clark v. Apfel

* 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-50529
Summary Calendar
FREDDY LEE CLARK,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
______________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-98-CV-630-SS
______________________________________
February 2, 2000
Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges:
PER CURIAM:*
Freddy Lee Clark appeals from the district court’s judgment affirming the denial of his
application for supplemental security income. Clark argues that the Administrative Law Judge
(“ALJ”) erred in failing to develop the record regarding his non-exertional impairments and
complaints of pain and in determining that Clark could perform substantial, gainful activity.
After reviewing the record and the briefs, we find that the ALJ did not err in developing the
record regarding Clark’s non-exertional impairments and complaints of pain. Furthermore, the ALJ’s
finding regarding Clark’s ability to perform substantial gainful activity was supported by substantial

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evidence and based on proper legal standards. See Bowling v. Shalala, 36 F.3d 431, 434 (5th Cir.
1995).
AFFIRMED.

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