Swain v. Barnhart , 78 F. App'x 341 ( 2003 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                  October 15, 2003
    Charles R. Fulbruge III
    Clerk
    No. 03-50332
    Summary Calendar
    KENNETH L. SWAIN, A minor child
    by Kathy J. Lewis, next friend,
    Plaintiff-Appellant,
    versus
    JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
    Defendant-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. A-01-CV-788-AA
    --------------------
    Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Kenneth Swain, a minor child appearing through his next
    friend and guardian Kathy Lewis, appeals the affirmance of the
    Commissioner’s denial of reconsideration of the cessation of his
    disability insurance benefits.    He argues that he did not
    knowingly and intelligently waive his right to be represented by
    counsel before the administrative law judge (ALJ).     As Swain
    received three written notices advising him of his right to
    *
    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    that this opinion should not be published and is not precedent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.
    No. 03-50332
    -2-
    representation and was advised by the ALJ at the hearing of that
    right as well, he was sufficiently informed of his right to an
    attorney, and he validly consented to proceed without
    representation.   See Castillo v. Barnhart, 
    325 F.3d 550
    , 552 (5th
    Cir. 2003).
    Swain also asserts that the ALJ’s denial of benefits was not
    supported by substantial evidence and was contrary to law.    There
    was substantial evidence in the record supporting the conclusion
    that Kenneth’s condition had improved from the time that he was
    found to be disabled and was no longer a disabling condition.
    See Ripley v. Chater, 
    67 F.3d 552
    , 555 (5th Cir. 1995); 20 C.F.R.
    § 416.994a(b).
    Swain has failed to show that the decision of the ALJ was
    not supported by substantial evidence or that the ALJ failed to
    use proper legal standards to evaluate the evidence.    The
    decision of the district court affirming the findings of the
    Commissioner is AFFIRMED.
    

Document Info

Docket Number: 03-50332

Citation Numbers: 78 F. App'x 341

Judges: Benavides, Clement, Jones, Per Curiam

Filed Date: 10/15/2003

Precedential Status: Non-Precedential

Modified Date: 8/1/2023