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Juatassa Sims v. Kenneth S. Apfel, Commissioner of Social SecurityJuatassa Sims v. Kenneth S. Apfel, Commissioner of Social Security

Court of Appeals for the Fifth Circuit
Nov 6, 1998
98-60126
Versions:200 F.3d 229
1998 WL 1181205
1998 U.S. App. LEXIS 38764
PER CURIAM:

Juatassa Sims appeals the district court’s affirmance of the Commissioner’s denial of her application for disability insurance benefits, contending that the administrative law judge: (1) failed to afford proper weight to a psychologist’s opinion that she was severely depressed; (2) improperly excluded certain of her impairments in assessing her residual function capacity; and (3) should have ordered a consultative examination to assess her mental impairments. We affirm.

We lack jurisdiction to review Sims’s second and third contentions because they were not raised before the Appeals Council. 1 The first contention is without merit because the ALJ is entitled and expected to determine the credibility of medical experts and to weigh their opinions accordingly. 2 Concluding that the findings of the ALJ are supported by substantial evidence, the judgment appealed is AFFIRMED. 3

Notes

1

. Paul v. Shalala, 29 F.3d 208 (5th Cir. 1994).

2

. Greenspan v. Shalala, 38 F.3d 232 (5th Cir. 1994).

3

. Villa v. Sullivan, 895 F.2d 1019 (5th Cir. 1990).

Case Details

Case Name: Juatassa Sims v. Kenneth S. Apfel, Commissioner of Social Security
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 6, 1998
Citations: 200 F.3d 229; 1998 WL 1181205; 1998 U.S. App. LEXIS 38764; 98-60126
Docket Number: 98-60126
Court Abbreviation: 5th Cir.
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