United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 4, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-10758
Summary Calendar
KIME-YA I. TROUPE,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF
SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CV-2565-L
Before GARWOOD, EMILIO M. GARZA and BENAVIDES, Circuit Judges.
PER CURIAM:*
Kime-Ya I. Troupe appeals the district court’s decision
affirming the determination by the Commissioner of Social Security
that she is not disabled within the meaning of the Social Security
Act. Troupe argues that the administrative law judge’s
determination that she was not disabled is based on errors of law
*
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opinion should not be published and is not precedent except under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.
and is not supported by the evidence.
Having reviewed the record and briefs on appeal, we conclude
that the administrative law judge applied the correct legal
standards in determining whether Troupe was disabled, and the
administrative law judge’s decision is supported by substantial
evidence. See Watson v. Barnhart, 288 F.3d 212, 215 (5th Cir.
2002). The administrative law judge adequately developed the
record, and did not violate plaintiff’s rights to a fair hearing.
As plaintiff, after being informed of her rights, elected in
writing to proceed at the hearing without a representative and
never thereafter requested that her mother be allowed to serve as
her representative, the administrative law judge did not err in
excluding plaintiff’s mother from the hearing except when she (the
mother) testified.
The judgment of the district court is
AFFIRMED.
2