Swain v. Barnhart

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.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-01-CV-788-AA
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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that this opinion should not be published and is not precedent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.