Sims v. Apfel, 238 F.3d 597

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JUATASSA SIMS v. KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY

No. 98-60126

United States Court of Appeals, Fifth Circuit

November 6, 1998

Summary Calendar

Before POLITZ, Chief Judge, STEWART and PARKER, Circuit Judges.

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).

*

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Case Name: Sims v. Apfel

Court Name: Court of Appeals for the Fifth Circuit

Date Published: Nov 9, 1998

Citations: 238 F.3d 597; 2001 WL 25694; 98-60126

Docket Number: 98-60126

Court Abbreviation: 5th Cir.