Brun v. Social Security

Not For Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 04-1747
FRANK BRUN, JR.,
Plaintiff, Appellant,
v.
JO ANNE B. BARNHART, COMMISSIONER,
SOCIAL SECURITY ADMINISTRATION,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. John A. Woodcock, Jr., U.S. District Judge]
Before
Selya, Lynch and Howard,
Circuit Judges.
Francis M. Jackson and Jackson & MacNichol on brief for
appellant.
Paula D. Silsby, United States Attorney and Karen B. Burzycki,
Special Assistant United States Attorney, on brief for appellee.
April 18, 2005
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 (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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