Gilbert v. Barnhart

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS February 15, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-11093 Summary Calendar SALLIE M. GILBERT, 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. 4:03-CV-1247) _________________________________________________________ Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges. PER CURIAM:* We affirm the decision of the district court for the following reasons: 1. Substantial evidence in the record supports the Commissioner’s * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. determination that Gilbert’s work as a seamstress was substantial gainful activity. 20 C.F.R. §§ 404.1572, 416.972 (2004); Leggett v. Chater, 67 F.3d 558, 564 (5th Cir. 1995). 2. Substantial evidence in the record supports the Commissioner’s assessment of Gilbert’s residual functional capacity. 20 C.F.R. §§ 404.1545(a)(1); 20 C.F.R. §§ 404.1545(a)(1) (2004); Leggett, 67 F.3d at 564. AFFIRMED. 2