United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 17, 2004
Charles R. Fulbruge III
Clerk
No. 03-30771
Summary Calendar
LAURENT SEGURA,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, 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. 02-CV-1018
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Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Laurent Segura appeals the district court’s judgment affirming
the Commissioner of Social Security’s denial of disability
benefits. He argues that his limited vision in his left eye
constitutes a non-exertional impairment that significantly affects
his residual functional capacity and as such the Administrative Law
Judge erred in relying exclusively upon the Guidelines. He also
argues that the ALJ relied on a hypothetical question posed to a
*
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that this opinion should not be published and is not precedent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. 03-30771
-2-
vocational expert which did not incorporate all of his
disabilities.
Segura failed to raise the argument that his limited vision is
a non-exertional impairment that significantly affects his residual
functional capacity in the district court and it is waived. See
Chaparro v. Bowen, 815 F.2d 1008, 1011 (5th Cir. 1987). There is
no reversible error because the ALJ’s hypothetical question
incorporated the limitations that he recognized. See Bowling v.
Shalala, 36 F.3d 431, 436 (5th Cir. 1994).
AFFIRMED.