UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-60631
Summary Calendar
HARRY NELSON,
Plaintiff-Appellant,
VERSUS
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Mississippi
May 13, 1998
Before DUHÉ, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM:1
Harry Nelson appeals the district court’s judgment affirming
the Commissioner of Social Security’s decision to terminate
Nelson’s disability benefits. Nelson contends that the
Administrative Law Judge (“ALJ”) violated the rule in Stone v.
Heckler, 752 F.2d 1099 (5th Cir. 1985). The ALJ, however,
implicitly found Nelson’s impairment to be severe when he
considered steps seven and eight in the sequential analysis.
1
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opinion should not be published and is not precedent except under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.
Reyes v. Sullivan, 915 F.2d 151, 153-54 (5th Cir. 1991); see also,
Griego v. Sullivan, 940 F.2d 942, 944 n.1 (5th Cir. 1991) (setting
out the sequential analysis). Thus, the ALJ did not violate
Stone’s rule.
Nelson also argues that the ALJ did not properly consider
either his own testimony or the vocational expert’s. Had the ALJ
done so, he would have found Nelson to be permanently and totally
disabled. The record, however, contains substantial evidence
supporting the ALJ’s findings. See Richardson v. Perales, 402 U.S.
389, 390 (1971).
Nelson’s final contention is that the ALJ failed to develop a
full and fair record. This issue, however, has not been exhausted
because Nelson did not present it to the Appeals Council. Thus, we
have no jurisdiction over this issue. See Paul v. Shalala, 29 F.3d
208, 210 (5th Cir. 1994).
AFFIRMED.
2