Jones v. Barnhart

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 19, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-20491 Summary Calendar CARMELITA JACOBS JONES, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas (USDC No. 4:02-CV-3818) _______________________________________________________ Before REAVLEY, WIENER and BENAVIDES, Circuit Judges. PER CURIAM:* The judgement of the district court is affirmed for the reasons explained in the magistrate judge’s memorandum and recommendation of March 8, 2004. The Administrative Law Judge properly weighed all of the evidence in the record as a whole in rejecting the conclusions of the * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. claimant’s treating physician. See Griego v. Sullivan, 940 F.2d 942, 945 (5th Cir. 1991); Martinez v. Chater, 64 F.3d 172, 176 (5th Cir. 1995). Further, there is substantial evidence supporting the determination that the claimant was not disabled pursuant to 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.00A. Finally, it was not error to consider the claimant’s daily activities in determining that her impairments were not totally debilitating and did not prevent her from performing significant work activities. See Chaparro v. Bowen, 815 F.2d 1008, 1011 (5th Cir. 1987); Leggett v. Chater, 67 F.3d 558, 565 n.12 (5th Cir 1995); 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.00(C)(2). AFFIRMED. 2