Troupe 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 27, 2005

Charles R. Fulbruge III
Clerk
No. 04-11110
Summary Calendar

ROBERT E. TROUPE, III,

Plaintiff-Appellant,

versus

JO ANNE B. BARNHART,
COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

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Appeal from the United States District Court
for the Northern District of Texas
(3:01-CV-893-L)
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Before WIENER, DeMOSS, and PRADO, circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Robert E. Troupe, III, appeals from the

district court’s decision affirming the determination by the

Commissioner of Social Security that he is not eligible for

disability benefits. He also moves to file his reply brief out-of-

time, which is granted.

Troupe contends that the Commissioner actually determined that

he was eligible for benefits as of October 1981 in connection with

an earlier disability application filed in Kansas and 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this opinion should not be published and is not precedent except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.
current administrative record is incomplete. Troupe fails to show

that he was determined to be eligible for benefits, and we reject

his argument that the administrative law judge (“ALJ”) failed to

develop the record. See Brock v. Chater, 84 F.3d 726, 728 (5th

Cir. 1996). Troupe’s contention that the transcript of the

administrative hearing does not pertain to him is frivolous; as a

plain reading of the record shows that Troupe was correctly

identified by his social security number and that the misspelling

of his name as “Trape” was obviously a typographical error.

After reviewing the briefs and the record, we conclude that

the ALJ applied the correct legal standards and that the decision

is supported by substantial evidence. See Harris v. Apfel, 209

F.3d 413, 417 (5th Cir. 2000). The district court’s judgment is

AFFIRMED.

AFFIRMED. MOTION GRANTED.