Quintal V. Secretary Of Health And Human Services

Per Curiam. Claimant is a convicted felon. He has been both sentenced to a 12 to 15 year prison term and civilly committed as a sexually dangerous person to the Massachusetts Treatment Center at M.C.I. Bridgewater for a period of one day to life. An ALJ found claimant to be disabled, but suspended benefits under 42 U.S.C. § 402(x)(1) because of claimant's confinement. The Appeals Council upheld the ALJ's determination. Claimant then filed a complaint for judicial review in the district court, which the court dismissed under 28 U.S.C. § 1915 (d) as frivolous. While we question whether the complaint was correctly characterized as frivolous, claimant has since had an opportunity to present any additional arguments he may have in his appellate brief. We have considered all of claimant's arguments. They are all legally meritless, and we conclude that benefits were properly suspended. In these circumstances, no purpose would be served by a remand, and we affirm the district court's judgment, but for different reasons. Bristol Energy Corporation v. New Hampshire Public Utilities Commission, 13 F.3d 471, 478 (1st Cir. 1994) (court of appeals may affirm on any theory supported by the record). I