UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20776
Summary Calendar
ELNA P. DAVIS,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Texas
(H-01-CV-1149)
March 7, 2003
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Claiming a common-law marriage had existed, Elna P. Davis
appeals the district court’s judgment affirming the denial of her
application for widow’s insurance benefits under 42 U.S.C.
§ 402(e)(1). Davis contends: (1) the errors in the Adminsitrative
Law Judge’s (ALJ) written findings were not harmless; (2) the
Commissioner used the wrong legal standard; and (3) the decision
was not supported by substantial evidence. (Because the ceremonial
marriage occurred less than nine months before the husband's death,
*
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that this opinion should not be published and is not precedent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.
see 42 U.S.C. § 416(c)(5), the claimed common-law marriage is at
issue.)
Our review “is limited to determining whether [the] decision is
supported by substantial evidence and whether the proper legal
standards were applied”. Ripley v. Chater, 67 F.3d 552, 555 (5th Cir.
1995). Along this line, we “may not reweigh the evidence, try the
issues de novo, or substitute our judgment for that of the Secretary”.
Haywood v. Sullivan, 888 F.2d 1463, 1466 (5th Cir. 1989)(citation
omitted). The errors contained in the ALJ’s findings were harmless
in the light of the explanations contained in the ALJ’s decision.
Texas Family Code § 2.401 (elements for common-law marriage) was
properly applied. Finally, a reasonable mind could accept the bases
for the Commissioner’s denial; the Commissioner’s finding that Davis
was not common-law married to Robert Cantrell Feamster is deemed
conclusive. See 42 U.S.C. § 405(g); Richardson v. Perales, 402 U.S.
389, 390, 401 (1971).
AFFIRMED
2