Colonna v. Massanari

*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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31134
Summary Calendar
ERNEST J. COLONNA, JR.,
Plaintiff-Appellant,
versus
LARRY G. MASSANARI,
Acting Commissioner of Social Security,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Louisiana
USDC No. 98-CV-771
April 18, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Ernest J. Colonna appeals the denial of his claim for
Supplemental Security Income benefits. He asserts that the district
court erred in affirming the Commissioner's denial of his claim.
Colonna contends that (1) the Appeals Council erred by not
remanding the cause to the Administrative Law Judge for
consideration of new and material evidence; (2) Colonna is entitled
to reversal because the ALJ did not require the examining

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1 Colonna v. Apfel, No. 2:98-CV-771 (W.D. La. July 18, 2000)
(unpublished).
2
psychiatrist to submit a mental assessment form; and (3) the
Appeals Council improperly relied on the Medical-Vocational
Guidelines to justify the denial of benefits.
After careful review of the record, we AFFIRM based
substantially on the reasons stated in the magistrate judge's
report, which the district court accepted.1
AFFIRMED.

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