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Home / Decisions / United States Court of Appeals for the Fifth Circuit / Tarver v. Bisignano
5th Cir.

Tarver v. Bisignano

July 21, 2026 ·26-20048 ·Per Curiam · By Raj Patel

The United States Court of Appeals for the Fifth Circuit affirmed the Commissioner of Social Security Administration's denial of disability benefits to Andrew Tarver. The court held that the administrative record contained substantial evidence supporting the conclusion that Tarver was not disabled under the applicable legal standard.

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Key takeaways

  • Holding: The court affirmed the Commissioner's determination that the appellant was not disabled because the administrative record contained substantial evidence supporting that conclusion.
  • Standard: substantial-evidence standard of review
  • Vote: Per Curiam decision affirming the lower court's judgment.
  • Practical effect: The decision reinforces the high bar for challenging Social Security disability determinations in the Fifth Circuit, requiring appellants to provide specific legal and evidentiary support rather than generalized complaints about the Commissioner's findings.

Background

Andrew Tarver, appearing pro se, appealed a decision by the Commissioner of the Social Security Administration denying his claim for disability benefits. Tarver suffers from Crohn’s disease, colitis, and anemia, which he claimed caused extreme fatigue and frequent restroom needs. The administrative process involved evaluations by state agency physicians and a hearing before an administrative law judge who concluded Tarver could perform sedentary work with certain restrictions.

The court’s reasoning

The court applied the substantial-evidence standard of review, which requires affirming the Commissioner’s findings if they are supported by evidence that is more than a scintilla but need not be a preponderance. The court emphasized that it cannot re-weigh evidence or substitute its judgment for the Commissioner’s. The record contained unanimous medical opinions from state agency physicians that Tarver was not disabled, and the administrative law judge’s findings were consistent with Tarver’s own testimony regarding the frequency of his restroom breaks. The court noted that Tarver’s appeal arguments were generalized and lacked legal citations or record support.

We affirm the Commissioner’s findings whenever supported by substantial evidence.

Masterson v. Barnhart, 309 F.3d 267, 272 (5th Cir. 2002)

What it means going forward

The decision reinforces the high bar for challenging Social Security disability determinations in the Fifth Circuit, requiring appellants to provide specific legal and evidentiary support rather than generalized complaints about the Commissioner’s findings.

Civil Social Security

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