Beruflich Dokumente
Kultur Dokumente
appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Ri
______________
____________________
Assistant United States Attorney, and Paul Germanotta, Assist
________________
Regional Counsel, Department of Health and Human Services, on br
for appellee.
____________________
____________________
Per
Curiam.
____________
appeals
from
the
Claimant
judgment
of
affirmed the
decision of the
Services that
claimant was
Laura
the
E.
Lopez-Marrero
district
court
Secretary of Health
not entitled to
which
and Human
Social Security
disability benefits.
I.
_
Claimant filed an
disability
BACKGROUND
__________
application for Social
benefits on June 6,
1989.
She
date of October
15, 1988.
As disabilities
nerves
and her
back.
She related
falls
at work.
An
administrative law
Security
alleged an onset
she listed
her impairments
judge (ALJ)
her
to two
held a
hearing.
First,
manually
worked in
checked and
pharmaceutical
counted the
factory where
gloves made
there.
she
She
had to
an office
stated that
her husband.
hand.
because of
walking.
pain and
minutes at a
light objects.
She would like to work but cannot because of the problems she
has with her memory due to her nerves and because of the pain
in
her lower
back,
coccidial
area
and
left
hip.
She
ALJ
first
determined
that
claimant's
Nonetheless, he found
that
in
there
existed
activities
due to
conditions.
As
concluded
some limitations
both
her
exertional and
for claimant's
to some
sustain
concentration.
capacity
to
perform
repetitive in nature.
her
non-exertional
mental impairment,
only precluded
Nonetheless,
tasks that
the ALJ
from performing
deterioration in
simple
work-related
her ability
to
she
retained
the
were
routine
and
797 F.2d 19
of trauma
Under
carrying
periods of time.
standing
walking for
past work.
-3-
lifting
prolonged
perform her
On
appeal,
determinations
claimant
regarding
her
argues
pain
that
were
the
ALJ's
not substantially
her ability
to perform
her past
in
the
Specifically,
context
of
claimant points
the
to
record
the
as
findings
whole.
concerning
Physical Impairment
___________________
The
sacralization of
x-ray
reports,
which
found
and narrowing of
partial
the L-5-S-1
alleged."
F.2d at
21.
However,
neurological
evaluation.
See
___
Exhibit
15.
Although
no muscle
spasm and
had normal
of 4 out of 5.
no deformity.
The
There
diagnosis was
-4-
lumbar strain.
At
1990, see
___
with Motrin.
spasm and
Despite
a limited
range of
the presence
motion of
of some
the lumbar
The
diagnosis was
translate
limitations.
Rather,
functional
capacity
argument, the
medical
the
(RFC)
data
record
forms.
into
contained
In
ALJ did
not
functional
two residual
December
1989,
no
__
exertional, postural
or
other limitations.
In a
November
1990 RFC
assessment,
it was
noted that
carry up to 50 pounds
pounds.
She
claimant
and could
Mental Condition
________________
Claimant's
mental
impairment
presents
more
the
Secretary's
conducted
in November
claimant was
did not
appeared
position.
psychiatric
1989, see
___
Exhibit 16,
present any
anxious
perceptual dysfunctions.
and
depressed,
her
examination
revealed that
oriented.
She
Although she
attention
span
was
-5-
described
as
capable
of
judging
reality
and
She
the
July
coherent, relevant,
1990,
claimant
logical and
also
was
described
as
no
observable thought
disorders.
See
___
Exhibit 18.
Her affect
described the
claimant "reported
that her
profile
have
profile fell
properly
symptoms of such
outside the
if
she
was
disturbance."
to
be unable
were
as
The
[sic]
contrast
diagnoses
that the
severely
sharp
That
severe disturbance
maximum limits
MMPI.
results as "exaggerated."
been unlikely
Her
to take
the
test
as she
was
clinical part of
the
disturbed
with
were mild
her
claims
dysthymia
of
and
non-examining
doctors completed
assessments.
In December
1989, claimant
significantly
limited
understanding,
carrying
out
short,
significantly
limited
ordinary
in
simple
were
routine without
her
was rated
to
supervision, to make
-6-
as not
remembering
instructions.
abilities
mental RFC
and
Also
not
sustain
an
simple work-
related
decisions,
to
relate
to co-workers,
socially appropriate
behavior and
work
As
environment.
extended
periods
schedule,
and
without
of
for
claimant
was
limited"
in any areas.
in the
concentration for
performing
within
complete
a normal
work-week
from psychologically-based
symptoms,
being able
interruptions
maintain
to handle changes
maintaining
time,
to
to
moderately limited.
She
was not
regular
"markedly
RFC
assessment
reached the
completed
same results.
her abilities to
in
August
1990
Even
with moderate
complete a normal
work-week, to
with simple
instructions, to
make simple
others,
to sustain
regular attendance
an
to
ordinary work
and to be punctual.
perform within a
deal with
to cope
schedule, to
in proximity to
routine, to
maintain
to
instructions,
claimant's
to work
with
criticism.
limited in
maintaining
routine
without
supervision,
-7-
completing
normal
work-week
and
keeping
up
regular
attendance.
In
Secretary
Social
set
out
Security
the
Ruling
framework
(SSR)
for
85-15,
addressing
of unskilled work.
See
___
1989) (per
of capabilities are
First,
claimant must
carry out
be
necessary for
able to
simple instructions, to
co-workers,
cope
curiam) (discussing
supervision and
substantial
evidence,
based
mental
Ortiz v.
_____
520, 526-27
SSR 85-15).
this kind
Two
of work.
understand, remember
and
respond appropriately
to
the
the
above
and to
There is
reports,
that
any
work
environment,
regardless of
the
skill
level
involved.
To be
according to
being
SSR 85-15,
an individual
punctual, attending
staying
at work
uniformly
spheres
for the
We
the
have
limitations
may
marginally,
be capable
consistent basis
The
as "moderately
functioning.
erode
on a
entire day.
rated claimant
of
work
must
per se,
and
RFC assessments
limited" in
these
acknowledged that
occupational
of
base
See Ortiz,
___ _____
"at
such
least
890 F.2d at
-8-
527;
Services, 955 F.2d 765, 770 (1st Cir. 1991) (per curiam).
________
In this case, we
record
evidence
to support
the
Secretary's decision
that
that
objective
medical evidence
In
--
this regard,
the
MMPI
--
CONCLUSION
__________
that
her
(1st Cir.
1985)
Secretary's findings
the evidence in
adequate
v.
impairments
her
from
(per curiam).
. . .
"We must
if a reasonable
the record as
to support [the
precluded
uphold
the
mind, reviewing
a whole, could
accept it
Secretary's] decision."
as
Rodriguez
_________
(1st Cir.
1981).
evidence,
the
Secretary,
resolution
not the
reports described
of
courts.
contains conflicting
these conflicts
See
___
above, there
id.
___
Given
was substantial
is
the
for
the
medical
evidence in
-9-