No. 99-40428
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40428
Summary Calendar
RICHARD A. CHISM,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3:98-CV-13
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January 26, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Richard A. Chism appeals the district court’s judgment
affirming the decision of the Commissioner of Social Security
denying his claim for disability insurance benefits. He argues
that the Commissioner erred by failing to consider new evidence
from the Department of Veteran’s Affairs (VA), including a
decision which gave him a 100 percent disabled rating based on a
diagnosis of major depression and headaches and post-traumatic
stress disorder (PTSD). He also contends that if this new
evidence is considered, the Commissioner’s decision is not
*
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that this opinion should not be published and is not precedent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. 99-40428
-2-
supported by substantial evidence.
Chism last met the insured status requirements for social
security disability benefits on December 31, 1988. The VA rating
decision found that Chism was totally disabled as of September
26, 1992. There is no retrospective diagnosis of Chism’s
condition at the time of his insured status, and he has not
pointed to any corroborative lay testimony regarding his
disability at that time. Cf. Likes v. Callahan, 112 F.3d 189
(5th Cir. 1997). Therefore, Chism has not met the standard for
remanding this action for consideration of new evidence. See
Ripley v. Chater, 67 F.3d 552, 555 (5th Cir. 1995).
Because Chism does not argue that the Commissioner’s
decision is not supported by substantial evidence if the new
evidence is not considered, we pretermit discussion of this
issue.
AFFIRMED.