Brown v. Barnhart

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 29, 2004 Charles R. Fulbruge III Clerk No. 04-60083 Summary Calendar MATTIE L. BROWN, 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 Mississippi USDC No. 4:01-CV-98-LS -------------------- Before BENAVIDES, STEWART, and DENNIS, Circuit Judges. PER CURIAM:* Mattie L. Brown appeals from the district court's judgment affirming the Commissioner of Social Security's denial of disability benefits. She argues that the Administrative Law Judge's ("ALJ") decision was contrary to the overwhelming weight of the evidence and that the ALJ erroneously assessed her credibility. She also argues that the ALJ failed to consider and make findings concerning her subjective complaints of pain. After reviewing the briefs and the record, we conclude that the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-60083 -2- ALJ applied the correct legal standard and that the decision was supported by substantial evidence. See Newton v. Apfel, 209 F.3d 448, 455-56 (5th Cir. 2000); Greenspan v. Shalala, 38 F.3d 232, 237 (5th Cir. 1994). Brown argues that her case should be reversed based on Lovelace v. Bowen, 813 F.2d 55 (5th Cir. 1987), because she cannot afford medical treatment for her condition. In addition to being inadequately briefed, this issue was not raised in the district court, and we decline to consider it. See Castillo v. Barnhart, 325 F.3d 550, 553 (5th Cir. 2003); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). AFFIRMED.