Testo completo
1 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50543
Summary Calendar
IDELFONSO GALINDO,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-99-CV-213-F
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January 26, 2001
Before JOLLY, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:1
Idelfonso Galindo appeals the district court’s partial
affirmance of the Commissioner’s determination that he was
ineligible to receive social security benefits because he was not
a resident of the United States, as is required under 42 U.S.C. §
1382c(a)(1)(B)(i). An individual seeking benefits bears the burden
of proving that he is qualified to receive such benefits. 20
C.F.R. §§ 416.200, 416.1603(a). Galindo has failed to demonstrate
that the administrative law judge erred in the legal standards used
to determine whether Galindo was a United States resident from 1994
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to 1997. Galindo has also failed to show a lack of substantial
evidence supporting the finding that he was not a resident during
this period. The district court did not err in affirming the
Commissioner’s determination that Galindo was not eligible to
receive benefits from March 1994 to September 1997.
AFFIRMED.
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