Sanchez-Rodriguez v. SHHS

U.S. Court of Appeals for the First Circuit

Sanchez-Rodriguez v. SHHS

Opinion

USCA1 Opinion









October 30, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 95-1537

FELIX SANCHEZ-RODRIGUEZ,

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. Jaime Pieras, Jr., U.S. District Judge] ___________________

____________________

Before

Cyr, Boudin and Lynch,
Circuit Judges. ______________

____________________

Juan A. Hernandez Rivera and Raymond Rivera Esteves on brief for ________________________ _______________________
appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios- ______________ _______________________
Gandara, Assistant United States Attorney, and Nancy B. Salafia, _______ _________________
Assistant Regional Counsel, Social Security Administration, on brief
for appellee.


____________________


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Per Curiam. We affirm for substantially the ___________

reasons stated by the district court.

We reject claimant's argument that the ALJ

improperly substituted his own lay opinion for that of the

non-examining physicians. Unlike the non-examining doctors,

the ALJ heard claimant's testimony concerning the type of

work he had been able to perform with his brothers. That

testimony, along with claimant's failure to document his

claim of frequent emergency room visits, supports the ALJ's

conclusion that claimant was able adequately to perform

unskilled work.

The ALJ did not err in relying upon the grid to

conclude that sufficient unskilled jobs not requiring

frequent contact with the public existed in the national

economy, which claimant could perform. Ortiz v. Secretary, _____ _________

890 F.2d 520, 525-28 (1st Cir. 1989); Zalewski v. Heckler, ________ _______

760 F.2d 160, 165 (7th Cir. 1985).

Affirmed. ________

















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Reference

Status
Published