Mary Sue Shipley v. AR Blue Cross & Blue

1 The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Arthur J.
Boylan, United States Magistrate Judge for the District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 02-3878
___________
Richard F. Stanford, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Jo Anne B. Barnhart, Commissioner of *
Social Security, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: June 5, 2003
Filed: June 27, 2003
___________
Before BOWMAN, MELLOY, and SMITH, Circuit Judges.
___________
PER CURIAM.
Richard F. Stanford appeals the District Court’s1 order affirming the denial of
disability benefits for certain periods from 1997-99. The narrow issue on appeal is
whether medical insurance premiums that Stanford paid should have been deducted
from his earnings for purposes of determining whether he engaged in substantial
gainful activity (SGA) during the periods at issue. We have carefully reviewed the

-- 1 of 2 --

-2-
statutory and regulatory provisions regarding SGA—as well as Social Security Ruling
83-33, which is the Commissioner’s interpretation of those provisions, see Chevron
U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842-44 (1984)—as well
as the Commissioner’s application of those provisions to the undisputed facts, see
Smith v. Sullivan, 982 F.2d 308, 311 (8th Cir. 1992) (noting de novo review of the
law as applied to undisputed facts). Contrary to Stanford’s contention, the District
Court’s opinion reflects that it applied the appropriate standard of review, and we
agree with its analysis of the issues Stanford raised. Accordingly, we affirm. See 8th
Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

-- 2 of 2 --