Filed: Apr. 08, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 8, 2003 Charles R. Fulbruge III Clerk No. 02-30761 Summary Calendar KEVIN GARRICK, 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 Louisiana USDC No. 01-CV-2005 - Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* Kevin Garrick app
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 8, 2003 Charles R. Fulbruge III Clerk No. 02-30761 Summary Calendar KEVIN GARRICK, 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 Louisiana USDC No. 01-CV-2005 - Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* Kevin Garrick appe..
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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 April 8, 2003
Charles R. Fulbruge III
Clerk
No. 02-30761
Summary Calendar
KEVIN GARRICK,
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 Louisiana
USDC No. 01-CV-2005
--------------------
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Kevin Garrick appeals from the district court’s judgment
affirming the denial of his 1998 motion to reopen a prior
determination of Social Security benefits by the Commissioner of
Social Security (Commissioner). Throughout the administrative
proceedings and in the district court, Garrick has consistently
argued that the omission of his parentage on a 1977 benefits
application filed by a prior claimant, later determined to be
*
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that this opinion should not be published and is not precedent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. 02-30761
-2-
Garrick’s father, constituted fraud or similar fault. For
the first time on appeal, Garrick recharacterizes his argument
and contends that his mother made an incorrect or fraudulent
statement on her application by withholding evidence of his
paternity. Specifically, Garrick argues that his mother withheld
evidence of an Acknowledgment of Paternity. This newly-raised
claim is not reviewable for the first time on appeal. See
Leverette v. Louisville Ladder Co.,
183 F.3d 339, 342 (5th Cir.
1999).
For the first time in his reply brief, Garrick relies on LA.
CIV. CODE ANN. arts. 203 (A), (B) and 209 (West 1993 & Supp. 2003),
to establish legitimate filiation with a prior claimant. This
court generally does not consider issues raised for the first
time in a reply brief. Taita Chemical Co., Ltd. v. Westlake
Styrene Corp.,
246 F.3d 377, 384 n.9 (5th Cir. 2001). Garrick’s
argument presents no reason for departing from this general rule.
Accordingly, the judgment of the district court affirming the
Commissioner’s denial of Garrick’s motion to reopen is AFFIRMED.
Garrick’s motions to remand the case and for appointment of
counsel are DENIED.