Stewart v. Astrue

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 25, 2008 No. 07-51175 Charles R. Fulbruge III Summary Calendar Clerk CLARICE STEWART Plaintiff - Appellant v. MICHAEL J ASTRUE, Commissioner of Social Security Defendant - Appellee Appeal from the United States District Court for the Western District of Texas 1:06-CV-733 Before STEWART, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Commissioner of Social Security denied Clarice Stewart’s claim for disability insurance and supplemental security income benefits. A United States Magistrate Judge submitted a lengthy report summarizing the record and responding to the legal issues raised, with a recommendation that the district court affirm the decision of the Commissioner. The district court accepted the recommendation and affirmed. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51175 On appeal, Stewart alleges that the proper legal standard was not applied and there is not substantial evidence to support the denial of benefits. We find no merit to these appellate arguments. For the reasons stated in the Magistrate Judge’s Report and Recommendation, the Commissioner’s decision is supported by substantial evidence and comports with relevant legal standards. We AFFIRM. 2