IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50075
Summary Calendar
FRANK M. PUENTE,
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 Western District of Texas
USDC No. SA-97-CV-112
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December 23, 1998
Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM:*
Frank M. Puente appeals from the district court’s judgment
affirming the denial of his application for disability insurance
benefits and supplemental security income. He argues that the
issue of his indigence as it related to his ability to afford
necessary medical treatment was not fully explored, the
Commissioner erred in disregarding the findings of Puente’s
physician, the district court erred in denying his motion for
remand based on new evidence, and that there were errors of law
*
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that this opinion should not be published and is not precedent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. 98-50075
-2-
made while determining his disability status. We lack
jurisdiction to consider Puente’s indigence argument because he
failed to exhaust his administrative remedies as to that issue.
See Paul v. Shalala, 29 F.3d 208, 210 (5th Cir. 1994). We have
reviewed the record and find no reversible error regarding
Puente’s remaining arguments.
AFFIRMED.