Brun v. Barnhart

First Circuit

Brun v. Barnhart

126 F. App'x 495

CourtCourt of Appeals for the First Circuit

DecidedApril 18, 2005

DocketNo. 04-1747

StatusPublished

Cited by8 cases

This text of 126 F. App'x 495 (Brun v. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brun v. Barnhart, 126 F. App'x 495 (1st Cir. 2005).

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Opinion

PER CURIAM.

Claimant Frank Brun, Jr. appeals from the judgment of the district court upholding the denial of Social Security disability benefits. After carefully reviewing the record and the parties’ briefs, we affirm this judgment for essentially the reasons stated in the magistrate judge’s Report and Recommended Decision which the district judge adopted. See Jones v. Barnhart, 315 F.3d 974, 979 (8th Cir.2003) (presence of 75,000 surveillance system monitor jobs nationwide represents “substantial gainful work which exists in the national economy”). We add only that SEC v. Chenery Corp., 318 U.S. 80, 63 S.Ct. 454, 87 L.Ed. 626 (1943), does not require a remand in this case. That is, since the administrative law judge had cited the job of surveillance system monitor as an example of the kind of work that claimant could perform, we are not affirming on a ground that the agency never had considered.

Affirmed. See Local Rule 27(c).

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PER CURIAM.

Claimant Frank Brun, Jr. appeals from the judgment of the district court upholding the denial of Social Security disability benefits. After carefully reviewing the record and the parties’ briefs, we affirm this judgment for essentially the reasons stated in the magistrate judge’s Report and Recommended Decision which the district judge adopted. See Jones v. Barnhart, 315 F.3d 974, 979 (8th Cir.2003) (presence of 75,000 surveillance system monitor jobs nationwide represents “substantial gainful work which exists in the national economy”). We add only that SEC v. Chenery Corp., 318 U.S. 80, 63 S.Ct. 454, 87 L.Ed. 626 (1943), does not require a remand in this case. That is, since the administrative law judge had cited the job of surveillance system monitor as an example of the kind of work that claimant could perform, we are not affirming on a ground that the agency never had considered.

Affirmed. See Local Rule 27(c).

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126 F. App'x 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brun-v-barnhart-ca1-2005.

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