Martin v. Commissioner ( 1999 )

USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-2311



                          LEE R. MARTIN,



                      Plaintiff, Appellant,



                                v.



          COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,



                       Defendant, Appellee.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                FOR THE DISTRICT OF NEW HAMPSHIRE



       [Hon. Joseph A. DiClerico, Jr., U.S. District Judge]







                              Before



                      Selya, Circuit Judge,

                 Bownes, Senior Circuit Judge,

                   and Stahl, Circuit Judge.









     Raymond J. Kelly on brief for appellant.

     Paul M. Gagnon, United States Attorney, David L. Broderick,

Assistant U.S. Attorney, and Wayne G. Lewis, Assistant Regional

Counsel, Social Security Administration, on brief for appellee.











June 30, 1999













     Per Curiam.      Claimant appeals from the district court's

Order, dated October 28, 1998, affirming the decision of the

Appeals Council that he was not entitled to Social Security

disability benefits.  After carefully reviewing the record and the

parties' briefs, we affirm the judgment of the district court for

essentially the reasons stated in that court's Order.  As for

claimant's argument regarding the use of the Grid, he has waived it

by not presenting it below.  See Dupuis v. Secretary of Health and

Human Services, 869 F.2d 622, 623 (1st Cir. 1989) (per curiam).

     Affirmed.  See Local Rule 27.1.