July vs. Barnhart, (5th Cir. 2004)
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
November 18, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-40584
Summary Calendar
TRAVON M. JULY,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court for
the Eastern District of Texas
(USDC No. 9:02-CV-322-RHC)
Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.
PER CURIAM:* We affirm the district court for the following reasons: 1. The ALJ's determination that appellant is not disabled, reached under correct legal standards, is supported by substantial evidence. Carey v. Apfel, 230 F.3d 131, 135 (5th Cir. 2000). Appellant has failed to rebut the Commissioner's evidence that he is capable of performing work existing in significant numbers in the national economy. Selders v. Sullivan, 914 F.2d 614, 618 (5th Cir. 1990).
2. Appellant has not established that, due to his attorney's or the ALJ's failure to develop the record, he suffered prejudice. Ripley v. Chater.
*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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
67 F.3d 552, 557 (5th Cir. 1995). AFFIRMED.
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - George A. Carey, Plaintiff-Appellant, v. Kenneth S. Apfel, Commissioner of Social Security, Defendant-Appellee., 230 F.3d 131 (5th Cir. 2000)
- U.S. Court of Appeals for the Fifth Circuit - Curtis Selders, Plaintiff-Appellant, v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 90-4207. Summary Calendar., 914 F.2d 614 (5th Cir. 1990)
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