Turnbow v. Social Security Administration

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-30901
Summary Calendar
WANDA TURNBOW,
Plaintiff-Appellant,
v.
SOCIAL SECURITY ADMINISTRATION
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Louisiana
(3:04-CV-01377-RGJ-JDK)
Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Appellant Wanda Turnbow appeals the district court’s adoption
of the magistrate judge’s report and recommendation that the
judgment of the Social Security Administration (“SSA”) denying her
application for disability benefits be affirmed. Turnbow’s primary
argument on appeal is that the SSA Appeals Council and the
magistrate judge erred in not considering the new evidence that she
presented to the Appeals Council after the administrative law judge
*
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this opinion should not be published and is not precedent except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.
rendered her opinion. Turnbow’s argument is without merit: Under
Higginbotham v. Barnhart, a district court should review additional
information that a petitioner submits to the Appeals Council after
the ALJ has reached a decision.1 Under Falco v. Shalala, however,
this rule applies only if the new information relates to the time
period for which the benefits were sought.2 Thus, the Appeals
Council and the district court are under no obligation to review
information submitted for the first time to the Appeals Council
when, as here, it relates only to the subsequent deterioration of
a previously non-disabling condition.
The remainder of Turnbow’s arguments on appeal are without
merit; and, after reviewing the record, we affirm for the reasons
given by the magistrate judge.
AFFIRMED.
1
405 F.3d 332 (5th Cir. 2005).
2
27 F.3d 160, 164 (5th Cir. 1994).
2