Goodman vs. Massanari (5th Cir. 2001)

Federal Circuits, 5th Cir. (October 16, 2001)

Docket number: 01-30352


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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

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

No. 01-30352 Summary Calendar KENNETH W. GOODMAN, Plaintiff-Appellant, versus LARRY G. MASSANARI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the Western District of Louisiana USDC No. 99-CV-2366 October 11, 2001 Before POLITZ, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM: * The contention that the ALJ§ 404.970(b). 3 recognized by the ALJ. Goodman and his representative were afforded an adequate opportunity to correct any real or asserted deficiencies in the ALJÂ’s question. 3 The next contention, that the ALJ erred in finding that GoodmanÂ’s work experience allowed him to perform semi-skilled work, also lacks merit. The record reflects that the ALJ expressly relied on vocational expert testimony for his ruling that Goodman was capable of making an adjustment to work which existed in significant numbers in the national economy. The ALJ did not rely merely on Medical-Vocational Guideline 202.21. 4 GoodmanÂ’s further contention that the ALJ improperly relied on the vocational expertÂ’s testimony that he could perform the listed occupations provided that a sit/stand option was permitted, as were the other contentions, also lacks merit. The ALJ did not find that Goodman required a sit/stand option.

Finally, Goodman’s contention that the Appeals Council should have remanded the case based on post-hearing evidence is devoid of merit. There is no basis for the claim that the alleged “new evidence” related to the period on or before the date of the ALJ hearing decision. 5 The judgment of the district court is AFFIRMED.

1 Carey v. Apfel , 230 F.3d 131 (5th Cir. 2000). 2 Pierre v. Sullivan , 884 F.2d 799 (5th Cir. 1989)

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