Homann v. Apfel ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-51146
Summary Calendar
JERRY HOMANN,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-97-CV-717-JN
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November 9, 1999
Before REAVLEY, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Jerry Homann has appealed the district court’s order
affirming the decision of the Commissioner of Social Security
denying his claim for disability benefits. Homann contends: that
the Commissioner erred in failing to credit his treating
physician’s opinion that Homann’s condition met or was equal to
listing 1.05C of the Listing of Impairments; that the
Commissioner erred by disregarding Homann’s limitation in the use
of his hands; that the Commissioner failed to prove that there
are a substantial number of jobs in the economy that he can
perform; and that the Commissioner did not apply the proper
*
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this opinion should not be published and is not precedent except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.
No. 98-51146
-2-
standard in reviewing his subjective complaints of pain. Based
upon a careful review of the record, the briefs, and applicable
law, we conclude that there was substantial evidence in the
record to support the Commissioner’s decision to deny disability
benefits and that the Commissioner used proper legal standards in
evaluating the evidence. See Villa v. Sullivan, 895 F.2d 1019,
1021 (5th Cir. 1990) (standard of review). The district court’s
judgment is AFFIRMED.