Calvin L. Jones v. Shirley S. Chater, Commissioner of Social Security

103 F.3d 138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Calvin L. JONES, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, * Defendant-Appellee. No. 95-35390. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1996. ** Decided Dec. 5, 1996. Before: CANBY, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 Calvin Jones challenges the district court's order upholding the Commissioner's denial of disability benefits. We affirm, because the Commissioner's decision was supported by substantial evidence and correct legal standards. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). 3 Although Jones claimed disability beginning in 1986, he could not have been prejudiced by the ALJ's treatment of his claim as following from the 1992 reinjury. If, when he was worse off because of the reinjury, he was still not disabled for purposes of the statute, then a fortiori he could not have been disabled when his condition was less…