Oliver v. Social Security Adm

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-30557 Summary Calendar FANNIE OLIVER, Plaintiff-Appellant, versus SOCIAL SECURITY ADMINISTRATION, Shirley S. Chater, Commissioner, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CV-20-E - - - - - - - - - - January 31, 1997 Before GARWOOD, JOLLY, and DENNIS, Circuit Judges: PER CURIAM:* Fannie Oliver appeals from the summary judgment for the defendant in her Social Security action. Oliver contends solely that the Administrative Law Judge failed to determine whether she could obtain and maintain employment on a day-to-day basis. Oliver did not raise her contention before the Appeals Council; she did not exhaust administrative remedies as to the contention. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-30557 - 2 - We find no reason to waive the exhaustion requirement in Oliver’s case. Consequently, we lack jurisdiction over Oliver’s appeal. Paul v. Shalala, 29 F.3d 208, 210 (5th Cir. 1994). APPEAL DISMISSED.