Filed: Dec. 01, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10224 Summary Calendar FLORA ADAMS, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CV-2714-T - - - - - - - - - - November 30, 1999 Before SMITH, BARKSDLE, and PARKER, Circuit Judges. PER CURIAM:* Flora Adams appeals the district court’s decision affirming the determi
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10224 Summary Calendar FLORA ADAMS, Plaintiff-Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CV-2714-T - - - - - - - - - - November 30, 1999 Before SMITH, BARKSDLE, and PARKER, Circuit Judges. PER CURIAM:* Flora Adams appeals the district court’s decision affirming the determin..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10224
Summary Calendar
FLORA ADAMS,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-2714-T
- - - - - - - - - -
November 30, 1999
Before SMITH, BARKSDLE, and PARKER, Circuit Judges.
PER CURIAM:*
Flora Adams appeals the district court’s decision affirming
the determination by the Commissioner of Social Security that
Adams is not disabled within the meaning of the Social Security
Act. Adams argues that the determination of the administrative
law judge (ALJ) that her depression was not severe is not
supported by substantial evidence because he failed to consider
the opinions of the treating physicians and the state medical
consultant. She also argues that the ALJ’s determination that
she has the residual functional capacity to perform a full range
*
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that this opinion should not be published and is not precedent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. 99-10224
-2-
of sedentary work is not supported by substantial evidence in
view of her bilateral manipulative limitations. We have reviewed
the record and Adams’ brief and AFFIRM the district court’s
decision for essentially the same reasons adopted by the district
court. Adams v. Apfel, No. 3:97-CV-2714-T (N.D. Tex. December
16, 1998).
Adams also argues for the first time on appeal that the ALJ
erred in finding that her depression was not severe and that the
ALJ’s determination that she can perform a full range of
sedentary work is not supported by substantial evidence in view
of her inability to tolerate environmental pollutants such as
dust, fumes, and smoke. Because Adams did not raise these issues
in the district court, we will not consider them for the first
time on appeal. See Chaparro v. Bowen,
815 F.2d 1008, 1011 (5th
Cir. 1987); James v. Bowen,
793 F.2d 702, 704 (5th Cir. 1986).
AFFIRMED.