July v. Barnhart

U.S. Court of Appeals for the Fifth Circuit November 18, 2004

July v. Barnhart, 112 F. App'x 992 (5th Cir. 2004)

Opinion

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 *993 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. 67 F.3d 552, 557 (5th Cir. 1995).

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Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: Travon M. JULY, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee
Status: Unpublished