IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50535
Summary Calendar
SHARON SHORT,
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. SA-96-CV-733
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July 19, 1999
Before EMILIO M. GARZA, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Sharon Short appeals the district court’s affirmance of the
Social Security Commissioner’s decision to deny her Social
Security disability benefits. She argues that the administrative
law judge (ALJ) erred with respect to the weight accorded Short’s
treating physician, failed to pose a complete hypothetical to the
vocational expert, and failed to articulate the standard to
evaluate her subjective complaints of pain and reasoning
underlying his credibility determination did not properly
*
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that this opinion should not be published and is not precedent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. 98-50535
-2-
consider the report of the psychologist who conducted one of the
psychiatric evaluations.
We review the ALJ’s decision to deny benefits by determining
(1) whether the ALJ applied the correct legal standards, and
(2) whether his decision is supported by substantial evidence.
Falco v. Shalala, 27 F.3d 160, 162 (5th Cir. 1994). Our review
of the record reveals that the ALJ applied the correct legal
standards, and his decision was based upon substantial evidence.
Ripley v. Chater, 67 F.3d 552, 556 (5th Cir. 1995). To the
extent that the ALJ’s findings conflicted with the treating
physician’s opinions, good cause had been shown for according
less weight to the treating physician’s opinion. The ALJ
incorporated all the restrictions reasonably recognized by the
ALJ and thus could rely upon the testimony and conclusions of the
vocational expert. Bowling v. Shalala, 36 F.3d 431, 436 (5th
Cir. 1994). The district court therefore properly affirmed the
Commissioner’s decision to deny Short Social Security benefits.
AFFIRMED.