Booker vs. Apfel, (5th Cir. 1998)
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* Pursuant to 5 TH C IR . R. 47.5, the Court has determined th a t this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-20343 Summary Calendar DARRELL LEON BOOKER, Plaintiff-Appellant, versus KENNETH S. APFEL, Commissioner of Social Security, Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas (H-96-CV-832) January 5, 1998 Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM: * Darrell Leon Booker appeals from the summary judgment affirming the denial of his application for disabil ity insurance benefits and Supplemental Security Income.
Booker contends that the Administrative Law Judge (ALJ) did not consider all of his medical records. We have reviewed the record and find that the additional documents submitted by Booker were considered by the ALJ or the information contained in the documents was presented to the ALJ. Booker also relies on his orthopedic d octorÂ’s opinion that he is permanently disabled a nd this his limitations are similar to listing 1.04A in Appendix 1. His doctorÂ’s brief and conclusory opinion is not adequately supported by the record as a whole. S pellman v. Shalala , 1 F.3d 357, 364-65 (5th Cir. 1993).
The medical evidence in this case reveals that Booker does not exhibit symptoms in both shoulders. Accordingly, there is substantial evidence to s upport the ALJÂ’s finding that his impairment did not meet or equal the medical criteria for any impairment listed in Appendix 1. See 20 C.F.R. Part 404, Subpart P, Appendix 1, Listing 1.04.
AFFIRMED.
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