IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31148
Summary Calendar
JESSERENE DINGER,
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 Louisiana
USDC No. 97-CV-1858
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September 16, 1999
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jesserene Dinger appeals from the judgment affirming the
denial of her applications for Social Security disability and
supplemental security income (SSI) benefits. Dinger argues that
the Commissioner’s decision was not supported by substantial
evidence. Dinger did not raise this contention before the
Appeals Council; therefore, she did not exhaust administrative
remedies as to this issue. We find no reason to waive the
exhaustion requirement in Dinger’s case. Consequently, we lack
*
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that this opinion should not be published and is not precedent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. 98-31148
-2-
jurisdiction over Dinger’s appeal. Paul v. Shalala, 29 F.3d 208,
210 (5th Cir. 1994); see Giannakos v. M/V BRAVO TRADER, 762 F.2d
1295, 1297 (5th Cir. 1985) (court must observe lack of
subject-matter jurisdiction sua sponte).
APPEAL DISMISSED.