Martyn 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that this opinion should not be published and is not precedent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
May 1, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30678
Summary Calendar
PATRICK MARTYN,
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 Eastern District of Louisiana
USDC No. 01-CV-1582-T
--------------------
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Patrick Martyn (“Martyn”) appeals the district court’s
affirmance of the Social Security Commissioner’s decision to deny
Martyn’s request for a waiver of repayment of overpaid disability
benefits. Martyn argues that 1) he was denied due process when the
administrative law judge denied his waiver request without
conducting a supplemental evidentiary hearing and without fully
developing the record, 2) he was not at fault with respect to the

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No. 02-30678
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overpayment and was thus entitled to the waiver; 3) repayment of
the overpaid benefits would deprive him of income needed for
ordinary living expenses and would thus defeat the purpose of the
Social Security Act; and 4) a claims representative altered figures
in Martyn’s file with respect to his expenses.
Martyn has failed to demonstrate that he was prejudiced by the
ALJ’s deciding his case without conducting a supplemental hearing
and without further developing the record. See Carey v. Apfel, 230
F.3d 131, 142 (5th Cir. 2000).
As for Martyn’s remaining claims, all raised for the first
time in this appeal, Martyn presents no reason why he could not
have presented these claims to the district court. Nor does Martyn
establish exceptional circumstances warranting our review of these
claims. See Chambliss v. Massanari, 269 F.3d 520, 523 (5th Cir.
2001); Kinash v. Callahan, 129 F.3d 736, 738 n.10 (5th Cir. 1997).
The district court’s affirmance of the Social Security
Commissioner’s decision is AFFIRMED.

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