Odom v. Apfel

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30337
Summary Calendar
LISA ODOM,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, Commissioner of Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Louisiana
(96-CV-1760-E)
November 26, 1997
Before JOHNSON, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Lisa Odom appeals the summary judgment affirming the denial of
her application for disability insurance benefits and Supplemental
Security Income. Before this court, she argues only that the
Administrative Law Judge erred by failing to determine whether she
could obtain and maintain employment on a day-to-day basis.
Because Odom did not raise this issue before the Appeals
Council, she did not exhaust her administrative remedies on this
*
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this opinion should not be published and is not precedent except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.
issue. This court has jurisdiction to review the final decision of
the Commissioner of Social Security on an issue only where the
claimant has exhausted her administrative remedies for that issue.
Paul v. Shalala, 29 F.3d 208, 210 (5th Cir. 1994). Odom’s case
presents no compelling reason to waive the exhaustion requirement.
See Id. Consequently, we lack jurisdiction over Odom’s appeal.
Id.; see Giannakos v. M/V BRAVO TRADER, 762 F.2d 1295, 1297 (5th
Cir. 1985) (court must examine the basis of its subject matter
jurisdiction, on its own motion, if necessary).
APPEAL DISMISSED.
2