Wayne Robinson v. Kenneth Apfel

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 01-1195 ___________ Wayne Robinson, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Jo Anne B. Barnhart, Commissioner, * [UNPUBLISHED] Social Security Administration, * * Appellee. * ___________ Submitted: November 7, 2001 Filed: November 26, 2001 ___________ Before WOLLMAN, Chief Judge, BOWMAN, and LOKEN, Circuit Judges ___________ PER CURIAM. Wayne Robinson appeals the district court’s1 decision affirming the Commissioner’s denial of disability insurance benefits. We review the Commisioner’s denial of benefits to determine whether it is supported by substantial evidence on the record as a whole, which includes new evidence submitted to the Appeals Council, see Cunningham v. Apfel, 222 F.3d 496, 500 (8th Cir. 2000), but 1 The Honorable Beverly Stites Jones, United States Magistrate Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). does not include the evidence Robinson seeks to submit with this appeal, see Delrosa v. Sullivan, 922 F.2d 480, 483-84 (8th Cir. 1991) (refusing to consider new evidence submitted on appeal). Based upon our careful review of the record, the judgment is affirmed. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-