TaiLexi AI U.S. Case Law

Juatassa Sims v. Kenneth S. Apfel, Commissioner of Social Security

Juatassa SIMS, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee

Juatassa Sims v. Apfel, 200 F.3d 229 (5th Cir. 1998)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Subsequent history: rev'd, Sims v. Apfel, 530 U.S. 103 (2000). (read from the later opinion; check before relying)

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 6, 1998
Docket
No. 98-60126
Judges
Politz, Stewart, Parker
Citations
200 F.3d 2291998 WL 11812051998 U.S. App. LEXIS 38764

Opinion — Per Curiam

*230 PER CURIAM:

Juatassa Sims appeals the district court’s affirmance of the Commissioner’s denial of her application for disability insurance benefits, contending that the administrative law judge: (1) failed to afford proper weight to a psychologist’s opinion that she was severely depressed; (2) improperly excluded certain of her impairments in assessing her residual function capacity; and (3) should have ordered a consultative examination to assess her mental impairments. We affirm.

We lack jurisdiction to review Sims’s second and third contentions because they were not raised before the Appeals Council.

1

The first contention is without merit because the ALJ is entitled and expected to determine the credibility of medical experts and to weigh their opinions accordingly.

2

Concluding that the findings of the ALJ are supported by substantial evidence, the judgment appealed is AFFIRMED.

3

1

.

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

2

.

Greenspan v. Shalala, 38 F.3d 232 (5th Cir. 1994).

3

.

Villa v. Sullivan, 895 F.2d 1019 (5th Cir. 1990).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2000: 22001: 12002: 12004: 22020: 220002026peak 2000 · 2

Relies on it most ⓘ

  1. Sims v. Apfel238 F.3d 597 (5th Cir. 2001)
  2. Sims v. Apfel530 U.S. 103 (2000)
  3. Coalition for Government Procurement v. Federal Prison Industries, Inc.365 F.3d 435 (6th Cir. 2004)
  4. Carr v. Commissioner, SSA961 F.3d 1267 (10th Cir. 2020)
  5. Delta Foundation, Inc. v. United States303 F.3d 551 (5th Cir. 2002)
  6. Mills v. Apfel84 F. Supp. 2d 146 (D. Me. 2000)

Most recent

  1. Carr v. Commissioner, SSA961 F.3d 1267 (10th Cir. 2020)
  2. New Lifecare Hospitals of North Carolina LLC v. CochranNo. 2017-0237 (D.D.C. May 29, 2020)
  3. Coalition for Government Procurement v. Federal Prison Industries, Inc.365 F.3d 435 (6th Cir. 2004)
  4. Coalition Govt Proc v. Fed Prison IndustNo. 01-2231 (6th Cir. Apr. 12, 2004)
  5. Delta Foundation, Inc. v. United States303 F.3d 551 (5th Cir. 2002)
  6. Sims v. Apfel238 F.3d 597 (5th Cir. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Greenspan v. Shalala, 38 F.3d 232 (5th Cir. 1994) 798
Villa v. Sullivan, 895 F.2d 1019 (5th Cir. 1990) 522
Paul v. Shalala, 29 F.3d 208 (5th Cir. 1994) 139

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list