IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 98-30002
Summary Calendar
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MARGARET WAGNER,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, Commissioner of
Social Security,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CV-385-R
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November 24, 1998
Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Margaret Wagner appeals from a judgment affirming the decision
of the Commissioner of Social Security denying her claim for
disability insurance benefits, 42 U.S.C. § 405(g). She 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 Commissioner failed to make the necessary
determination whether Wagner could obtain and maintain employment
*
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this opinion should not be published and is not precedent except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.
as a bookkeeper, and improperly ruled that the issue was not a
proper one for determining disability. See Singletary v. Bowen,
798 F.2d 818, 822-23 (5th Cir. 1986). The district court’s
judgment therefore is REVERSED, and the case is REMANDED with
instructions that the district court remand the case to the
Commissioner for further consideration.
REVERSED and REMANDED.
2