Villarreal v. Apfel

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40318 Summary Calendar MARIA E. VILLARREAL, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER SOCIAL SECURITY, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. L-95-CV-100 - - - - - - - - - - February 26, 1998 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:1 Maria E. Villarreal argues that the district court erred in granting the defendant’s motion for summary judgment and affirming the decision of the Commissioner denying disability benefits and supplemental social security income. She avers that the Commissioner’s decision is not supported by substantial evidence and relevant legal standards. Villarreal also avers that the case 1 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. should be remanded for the consideration of newly discovered evidence. We have reviewed the record and the briefs of the parties and affirm for essentially the reasons adopted by the district court. Villarreal v. Apfel, No. L-95-CV-100 (S.D. Tex. Jan. 30, 1997). We also find that Villarreal has failed to show good cause for her failure to present the subject evidence during her administrative hearing. Geyen v. Secretary of Health and Human Services, 850 F.2d 263, 264 (5th Cir. 1988). AFFIRMED.