Mullins v. Secretary HHS

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-40264 Summary Calendar BOBBY R. MULLINS, 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 USDC No. 9:95-CV-27 - - - - - - - - - - March 16, 1999 Before DAVIS, DUHÉ, and PARKER, Circuit Judges. PER CURIAM:1 Bobby R. Mullins appeals the district court’s judgment for the Commissioner in his action pursuant to 42 U.S.C. § 405(g) for review of the Administrative Law Judge’s (“ALJ”) decision denying his request for Disability Insurance Benefits and Supplemental Security Income. We review the Commissioner's decision to determine whether the Commissioner applied the proper legal standards and whether the decision is supported by substantial 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. evidence on the record as a whole. Anthony v. Sullivan, 954 F.2d 289, 292 (5th Cir. 1992). Mullins makes the following contentions: (1) the district court erred in requiring “specifications” in order to satisfy one of the impairment listings in the Commissioner’s regulations; (2) the Commissioner erroneously relied on the opinion of a “medical advisor,” Dr. Dreher; (3) the Commissioner erred in weighing the effect of Mullins’ pain medications and of his inability to afford such medications; and (4) the Commissioner erred in accepting a vocational expert’s findings that he, Mullins, could perform several jobs that involved driving. We have reviewed the record and the parties’ briefs, and we find no reversible error. Accordingly, we AFFIRM the judgment entered by the district court. See Mullins v. Callahan, No. 9:95-CV-27 (E.D. Tex. Feb. 25, 1998). AFFIRMED.