[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit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,

(1st Cir. 1989) (per curiam). Affirmed. See Local Rule 27.1.