Peggy Jones v. Larry Massanari

25 F. App'x 497

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 7, 2002
• Docket: 01-3021
• Status: Unpublished

Opinion

PER CURIAM.

Peggy A, Jones appeals the district court’s 2 decision upholding the Commissioner’s denial of her application for disability insurance benefits. We review the Commissioner’s decision to determine whether it is supported by substantial evidence on the record as a whole. See Pyland v. Apfel, 149 F.3d 873, 876 (8th Cir. 1998).

Having carefully reviewed the record, we find no basis for disturbing the Administrative Law Judge’s (ALJ) determination, that Jones’s impairment was not severe prior to her date last insured. See Gwathney v. Chater, 104 F.3d 1043, 1045 (8th Cir.1997) (ALJ may discount subjective complaints inconsistent with medical reports and daily activities to determine claimant can perform basic work activities). Jones waived her argument that the record should have been supplemented with additional medical tests by failing to properly raise it in the district court. See Yeazel v. Apfel, 148 F.3d 910, 912 (8th Cir.1998). In any event, the argument is meritless. See Pyland, 149 F.3d at 877-78 (evidence must support disability within relevant time period).

Accordingly, we affirm the judgment of the district court, See 8th Cir. R. 47B.

2 . The Honorable H. Franklin Waters, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable Beverly Stites Jones, United States Magistrate Judge for the Western District of Arkansas.