Martinez v. Barnhart

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS December 23, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-50359 Summary Calendar SIMON MARTINEZ, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Western District of Texas (USDC No. 1:02-CV-584-SS) _______________________________________________________ Before REAVLEY, WIENER, BENAVIDES, Circuit Judges. PER CURIAM:* The ALJ’s decisions was supported by substantial evidence, and the ALJ used the proper legal standards to evaluate the evidence. See Brown v. Apfel, 192 F.3d 492, 496 (5th Cir. 1999). The objective medical evidence supports the ALJ’s determination that * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Martinez is capable of performing light work. Further, Martinez’s condition does not wax and wane to the extent that a separate capable-of-maintaining-employment finding was necessary in this case. See Frank v. Barnhart, 326 F.3d 618 (5th Cir. 2003). AFFIRMED. 2