Shelton v. Apfel

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40904 Summary Calendar BRENDA S. SHELTON, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. ________________________________________________________________ Appeal from the United States District Court for the Eastern District of Texas (6:95-CV-1005) _________________________________________________________________ July 9, 1998 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM:* Brenda S. Shelton appeals from the district court’s decision in favor of the Commissioner which denied disability benefits. Shelton argues that the Commissioner’s decision is not supported by substantial evidence and that the Commissioner failed to consider the opinion of her treating physician and erred by not requiring the testimony of a vocational expert. We have reviewed * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-40904 -2- the record and the briefs of the parties and find no error in the district court’s determination. AFFIRMED.