Allen 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this opinion should not be published and is not precedent except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. 01-30255
Summary Calendar
MOSE ALLEN, 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
(99-CV-1714)
September 24, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Allen appeals the district court’s reversal of the
Commissioner of Social Security’s determination that he had no
disability, arguing that the district court abused its discretion
by remanding the matter instead of immediately awarding benefits.
The district court cannot award benefits because the
Commissioner has not yet made a valid determination in the first

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1 Motor Vehicle Mfrs. Ass’n v. State Farm Mutual Ins. Co., 463
U.S. 29, 43 (1983).
instance. The district court cannot substitute its judgment for
that of the Commissioner.1 Thus the district court’s decision to
remand the case to the Commissioner is AFFIRMED.

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