Gilbert v. Barnhart

*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should not be published and is not precedent except under the limited circumstances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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 15, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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

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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.

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