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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 98-41193
Summary Calendar

ROGERS LEE JACKSON,
Plaintiff-Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF
SOCIAL SECURITY,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
- - - - - - - - - -
September 16, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:
Rogers Lee Jackson appeals from a judgment affirming the
decision of the Commissioner of Social Security denying his claim
for disability insurance benefits, 42 U.S.C. § 405(g). He
contends that the Commissioner failed to apply the correct legal
standards and that his decision was not supported by substantial
evidence. We have reviewed the record and the briefs of the
parties, and we conclude that the district court was without
jurisdiction to entertain Jackson's claims of hearing loss and

No. 98-41193
-2-
procedural error before the Administrative Law Judge because of
Jackson's failure to raise these issue before the Appeals
Council. See Paul v. Shalala, 29 F.3d 208, 210 (5th Cir. 1994).
We affirm the district court's decision on this alternate basis.
In this appeal, Jackson does not argue whether substantial
evidence supports the Commissioner's decision vis-a-vis his claim
of right-eye blindness. Instead, he argues only that substantial
evidence does not support a decision denying benefits based on
his asserted hearing loss. Accordingly, Jackson abandons the
only issue properly before this court on appeal -- whether the
Commissioner's decision denying him Social Security Income
benefits based on his blindness claim is supported by substantial
evidence. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993).
AFFIRMED.