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Shelton v. Apfel

Court: Court of Appeals for the Fifth Circuit
Date filed: 1998-07-10
Citations: 149 F.3d 1178
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               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                           No. 97-40904
                         Summary Calendar


BRENDA S. SHELTON,

                                              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
                           (6:95-CV-1005)
_________________________________________________________________

                           July 9, 1998

Before JONES, SMITH, and STEWART, Circuit Judges.

PER CURIAM:*

            Brenda S. Shelton appeals from the district court’s

decision in favor of the Commissioner which denied disability

benefits.   Shelton argues that the Commissioner’s decision is not

supported by substantial evidence and that the Commissioner failed

to consider the opinion of her treating physician and erred by not

requiring the testimony of a vocational expert.   We have reviewed



     *
      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this opinion should not be published and is not precedent except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. 97-40904
                               -2-

the record and the briefs of the parties and find no error in the

district court’s determination.

          AFFIRMED.