David West v. Carolyn Colvin, Acting Cmsnr

Filing

UNPUBLISHED OPINION FILED. [16-50637 Affirmed] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 04/03/2017 [16-50637]

Case: 16-50637

Document: 00513867416

Page: 1

Date Filed: 02/08/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50637
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 8, 2017
Lyle W. Cayce
Clerk

DAVID MICHAEL WEST,
Plaintiff-Appellant

v.

NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL
SECURITY,
Defendant-Appellee

Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:14-CV-984
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant David Michael West’s appearance before us
constitutes at least the fourth time he has appealed the denial of his Social
Security claim of disability:

First, before the Administrative Law Judge

(“ALJ”); second, before the Appeals Council; third, before both the Magistrate
Judge and the United States District Court; and fourth before this court. We
join the first three tribunals that denied West’s claim by affirming the

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 16-50637

Document: 00513867416

Page: 2

Date Filed: 02/08/2017

No. 16-50637
judgment of the district court issued following its de novo review of the entire
case by affirming the final decision of the Commissioner based, as it was, on
the ruling of the ALJ.
We have painstakingly reviewed the parties’ contentions on appeal as
set forth in their briefs, as well as West’s record excerpts and the carefully
explicated Report and Recommendation of the United States magistrate judge;
and we have independently reviewed the facts and the law to the extent of our
authorization to do so. As a result, we are satisfied that the ALJ, the Appeals
Council, the magistrate judge and the district judge uniformly and consistently
“got it right” in their rejections of West’s Social Security claims. For the
reasons patiently set forth by those who heard this case before we did, the
Order of the district court affirming the Commissioner’s denial of West’s
requested relief is, in all respects,
AFFIRMED.

2