De La Paz v. Apfel ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41204
Summary Calendar
AURORA DE LA PAZ,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CV-413
- - - - - - - - - -
August 5, 1999
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Aurora De La Paz appeals from the district court’s judgment
affirming the denial of her application for disability insurance
benefits and supplemental security income. She argues that the
Administrative Law Judge (“ALJ”) erred in disregarding De La
Paz’s subjective complaints while assessing her residual
functional capacity, the ALJ posed inadequate hypothetical
questions to the vocational expert, and the Commissioner’s
determination regarding her disability status was not supported
*
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that this opinion should not be published and is not precedent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.
No. 98-41204
-2-
by substantial evidence. Because De La Paz failed to exhaust her
administrative remedies by raising her argument regarding the
hypothetical questions before the Appeals Council in her request
for review of the ALJ’s decision, we lack jurisdiction to review
this issue. See McQueen v. Apfel, 168 F.3d 152, 155 (5th Cir.
1999); Paul v. Shalala, 29 F.3d 208, 210 (5th Cir. 1994).
We have reviewed the record and find that the ALJ’s finding
regarding De La Paz’s residual functional capacity and the
Commissioner’s determination of her disability status were
supported by substantial evidence. See Leggett v. Chater, 67
F.3d 558, 564 (5th Cir. 1995).
AFFIRMED.