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Sims v. Apfel

United States Court of Appeals, Fifth Circuit
Nov 6, 1998
200 F.3d 229 (5th Cir. 1998)

Opinion

No. 98-60126

November 6, 1998

Gary R. Parvin, Coffeeville, MS, Chantal J. Harrington, Sarah Harriet Bohr, Jacksonville, FL, for Plaintiff-Appellant.

Scott E. Heffington, Dennis R. Williams, Mary Ann Sloan, Joseph P. Palermo, III, Social Security Administration, Office of the General Counsel, Atlanta, GA, James William Warren, Jr., Calvin D. Buchanan, Oxford, MS, for Defendant-Appellee.

Appeal from the United States District Court, for the Northern District of Mississippi.

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


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. 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. Concluding that the findings of the ALJ are supported by substantial evidence, the judgment appealed is AFFIRMED.

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

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

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


Summaries of

Sims v. Apfel

United States Court of Appeals, Fifth Circuit
Nov 6, 1998
200 F.3d 229 (5th Cir. 1998)
Case details for

Sims v. Apfel

Case Details

Full title:JUATASSA SIMS, PLAINTIFF-APPELLANT, v. KENNETH S. APFEL, COMMISSIONER OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 6, 1998

Citations

200 F.3d 229 (5th Cir. 1998)

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