Chatman vs. Apfel (5th Cir. 1999)

Federal Circuits, 5th Cir. (March 04, 1999)

Docket number: 98-30643


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* Pursuant to 5 TH C IR . R. 47.5, the Court has determined th a t this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30643 Summary Calendar JOHNNY CHATMAN, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Western District of Louisiana (97-CV-1715) March 3, 1999 Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM: * In contesting the denial of supplemental and dis ability income, Johnny Chatman maintains that the Administrative Law Judge did not compare his residual capacity with the physical and mental demands of his past relevant work and did not make specific findings regarding his residual functional capacity; challenges the ALJÂ’s determination that his testimony regarding his ability to return to such past work was not credible; asserts that the ALJÂ’s determination was not s upported by substantial evidence; and contends that the ALJ erred by failing to act on his request for a consultative psychological examination at government expense.

Chatman failed to exhaust his administrative remedies regarding the psychological e xamination because he did not raise his contention before the Appeals Council in his request for review of the ALJ§§ 404.900(b), 416.1400(b).

For the remaining issues, we cannot disturb the CommissionerÂ’s determinations unless substantial evidence does not e xist in the record to support them, o r an error of law was made. L eggett v. Chater , 67 F.3d 558, 564 (5th Cir. 1995). Pursuant to our review of the record, we find no reversible error.

AFFIRMED

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