Troupe 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this opinion should not be published and is not precedent except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
July 27, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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

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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.

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