Guillory vs. Apfel (5th Cir. 1999)

Federal Circuits, 5th Cir. (July 01, 1999)

Docket number: 98-30670


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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 98-30670 Summary Calendar ALICE E. GUILLORY, 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 USDC No. 97-CV-1425 July 1, 1999 Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM: * Alice Guillory appeals the district court§ 405(g) for review of the Administrative Law JudgeÂ’s (“ALJ”) decision denying her request for Disability Insurance Bene fits and Supplemental Security Income . We review the CommissionerÂ’s decision to determine whether the decision is supported by substantial evidence in the record and whether the Commissioner applied the proper legal standards in evaluating the evidence. V illa v. Sullivan , 895 F.2d 1019, 1021 (5th Cir. 1990).

Guillory makes the following contentions: (1) the ALJ failed to evaluate her im pairments in the aggregate; (2) the Appeals Council should have remanded the case in light of new and material evidence; and (3) the magistrate judge improperly engaged in de novo review of the new evidence when he found it “cumulative.” We have reviewed the record and the parties’ briefs, and we find no reversible error. Accordingly, we AFFIRM the judgment entered by the district court. See Guillory v. Apfel , No. 97-1425 (W.D. La.

May 19, 1998). AFFIRMED.

No. 98-30670

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