USCA1 Opinion

August 20, 1993

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 92-2330
FELICITA FERRER-CRUZ,
Plaintiff, Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Hector M. Laffitte, U.S. District Judge]
___________________
____________________
Before
Torruella, Cyr and Boudin,
Circuit Judges.
______________
____________________
Raymond Rivera Esteves and Juan A.

Hernandez Rivera on brief

______________________
_________________________
appellant.
Daniel F. Lopez Romo, United States Attorney, Jose Vazq
_______________________
__________
Garcia, Assistant United States Attorney, and Nancy B. Salaf
______
________________
Assistant Regional Counsel, Department of Health and Human Servic
on brief for appellee.
____________________
____________________

Per Curiam.
__________
and

conclude

that

We

have carefully reviewed the record

substantial

Secretary's determination that

evidence

supports

the

claimant Felicita Ferrer Cruz

retained the ability to perform a particular past job and was

not entitled to social security disability benefits.
considered
without

all of

claimant's

merit, affirm

essentially

on

the

the basis

judgment of
of the

adopted by the district court.

While we agree with
of

the Appeals

arguments

We have

and, finding
the district

them
court

magistrate-judge's report

We add only these comments.

claimant that the "B" criteria

Council's psychiatric review

technique form

show a severe mental impairment,

the claimant failed to meet

her relatively minimal initial burden to show both the mental

demands of her

former work

and how those

compromised by

her mental condition.

of Health & Human Services. 944

__________________________
("[T]he

kind

of

foundation

work duties

Santiago v. Secretary
________
_________

F.2d 1, 6-7 (1st Cir.

that

were

the

claimant

1991)

must

lay

requires no more than putting into issue functional loss that

precludes
Based

performance of pertinent prior work activities.").

upon claimant's

description of

secretary/receptionist at
how

her

a photo studio, it

mental condition,

precluded her prior work.

claimant

filed an

ever

treated

condition.

or

Even

a generalized

is not obvious

anxiety disorder,

alleging disability

due to,

there is no evidence that claimant was

followed
if we

work as

In addition, we note that although

application

inter alia, "nerves",

_____ ____

her previous

for

any

mental

were to conclude

or

emotional

that claimant

had

sufficiently raised the issue of her inability to perform the

actual mental

demands of her former job,

whatsoever was obtained, the ALJ

claimant's

relatively mild
ability

where no treatment

was entitled to decide that

mental condition

to perform

affected

her

duties.

See, e.g., Irlanda Ortiz v. Secretary of Health &

___ ____ ______________
______________________

Human Services, 955 F.2d

______________
Torres
______

v.

1251, 1255
supports the

her

only minimally

self-described

765, 769-70 (1st Cir. 1991);

work

Perez
_____

Secretary of Health & Human Services,

______________________________________

890 F.2d

(1st Cir.

evidence

1989).

In

sum, substantial

Secretary's determination that

claimant failed

to carry her burden of showing that her impairments prevented

her return to her past work.
Affirmed.
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