Jackson v. Barnhart

234 F.3d 246

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 10, 2000
• Docket: 98-41193
• Status: Published

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41193 Summary Calendar

ROGERS LEE JACKSON,

Plaintiff-Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas - - - - - - - - - -

September 16, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:

Rogers Lee Jackson appeals from a judgment affirming the

decision of the Commissioner of Social Security denying his claim

for disability insurance benefits, 42 U.S.C. § 405(g). He

contends that the Commissioner failed to apply the correct legal

standards and that his decision was not supported by substantial

evidence. We have reviewed the record and the briefs of the

parties, and we conclude that the district court was without

jurisdiction to entertain Jackson’s claims of hearing loss and No. 98-41193 -2-

procedural error before the Administrative Law Judge because of

Jackson’s failure to raise these issue before the Appeals

Council. See Paul v. Shalala, 29 F.3d 208, 210 (5th Cir. 1994).

We affirm the district court’s decision on this alternate basis.

In this appeal, Jackson does not argue whether substantial

evidence supports the Commissioner’s decision vis-a-vis his claim

of right-eye blindness. Instead, he argues only that substantial

evidence does not support a decision denying benefits based on

his asserted hearing loss. Accordingly, Jackson abandons the

only issue properly before this court on appeal -- whether the

Commissioner’s decision denying him Social Security Income

benefits based on his blindness claim is supported by substantial

evidence. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.

1993).

AFFIRMED.