Darden 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this opinion should not be published and is not precedent except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 21, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-40206
Summary Calendar
_____________________
DON L. DARDEN,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
__________________________________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:04-CV-140
__________________________________________________
Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed. The
magistrate judge explained fully why the finding of the
administrative law judge has to be upheld. Claimant now points
to notes on the Dallas VA Medical Center assessment saying that
he suffered from depression and post traumatic stress disorder,
and he says that he is entitled to a further review to take that
under consideration. This is said not to be a new development,

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and the mere notes would not warrant a decision that there is a
reasonable possibility that the Commissioner of the Social
Security Administration would determine the claimant’s disability
differently. See Johnson v. Heckler, 767 F.2d 180, 183 (5th Cir.
1985).
AFFIRMED.

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