Documente Academic
Documente Profesional
Documente Cultură
No. 92-2445
SAUL BAEZ-HERNANDEZ,
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
Breyer, Chief Judge,
___________
Selya and Stahl, Circuit Judges.
______________
____________________
____________________
____________________
Per Curiam.
__________
from the
district court
the Secretary of
appeals
decision of
that claimant is
PROCEEDINGS BELOW
_________________
an application for
10, 1986.
his
impairments
returned
to
work
Social Security
He alleged
and
nervous
November
16,
an onset
at work; he
conditions.
1988.
His
application was
in
July 1987
denied by an administrative
and
the Appeals
request
for review.
federal
district court,
Services requested
case
16, 1988,
disabled.
The Appeals
another
it
the
and Human
remand, the
with
the hearing,
no such
expert
Council, on March
hearing;
At
it appears that
in
hearing be held
testified.
yet
of Health
Pursuant to this
that a second
claimant's
was pending
the Secretary
a remand.
the testimony of a
held on November
Council rejected
While the
determined
claimant's
It ordered that a VE
-2-
testify
as
to the
existence
of jobs
that
claimant could
perform.
On June 22, 1989,
at which a
VE testified,
claimant's
application
disabled.
He
determined
found
lumbosacral strain.
that
that claimant
As
first had
considered
claimant
suffered
was
from
not
severe
severe
allegations
of
pain.
pain
to
Thus,
the
the
extent
in heavy work.
of
ALJ
credited
the
that
claimant
was
He therefore could
according to
the ALJ,
claimant retained
the capacity for the full range of light work limited only by
his need to alternate positions; claimant further was limited
because
he could
bend only
such
skills such
claimant
was
as
able to
as a stock
following
instructions and
counting,
work activities
warehouse -- the
-3-
claimant did
perform semi-skilled
person in a
not use
job to which
The
review,
Appeals Council,
upon claimant's
of the ALJ
significantly
activity.
limit claimant's
On appeal
to the
recommended that
ability
A.
for further
Back Impairment
_______________
concerning the
back impairment
consultative
In
magistrate-
The evidence
claimant's
work-related
be remanded
to do
district court, a
the matter
administrative proceedings.
1988.
a nonexertional impairment.
judge
request for
evaluations
nature and
is conflicting.
were
In
extent of
total, six
conducted between
1985
and
Insurance Fund
(SIF) from
at L5-S1 with
small
lateral
August 1985,
April 1988.
1985 revealed
a disc
a narrowing
herniation to
disc herniation
to the
left
of the
the right
at L4-L5.
disc
and a
In
continued with
these symptoms.
During
However, an
-4-
periods of sitting
1986, a
little interest
In
June
despite
claimant
Although he
had
was
1986,
trouble
sufficient lengths
to
claimant
lift
bending
vocational
evaluator
of
up
to
testicular
forward
twenty
and
time so
was noted
that
that
in vocational
able
difficulties kneeling
for
in engaging
claimant's complaints
back and
pounds.
experienced
sit and stand
with a
job
that
as having
"great" rehabilitative
potential.
Turning to the consultative medical evaluations, we
find
it necessary
for
the disposition
no swelling,
See Exhibit
___
41.
no muscle
lumbosacral spine
S1.
The residual
to
this appeal
of
The
normal reflexes.
pinprick sensation in
disease at L5-
form indicated
-5-
that
could stand or walk for four to six hours at a time and could
sit
for up
positions.
to
four hours
so long
as
he could
alternate
neurologist, also
found claimant
with
examining claimant
a normal
spine, full
in August
strength,
See
___
Exhibit
movements
and
they did
not
42.
Claimant
although he showed
follow
had
limited
signs of
any anatomical
sensory deficit,
distribution.
narrowing
of the
diagnosis
L5-S1 disc
could
work day.
crouching, crawling,
X-ray revealed
lumbar spasm.
a
The
hours in a
An
space and
trunk
Claimant had
three to four
no limits in
climbing or balancing.
kneeling,
He was limited
contrast
evaluation performed
See Exhibit 20.
___
to the
by a
above
is
the
neurologist on January
an
28, 1987.
report of
and tenderness
-6-
myositis and
axial
injury
conclusions
myofascial
and
pain
pain; and
syndrome.
(4)
The
lumbar
report's
maintain a
was
As
a result,
limited;
exacerbated
further,
from engaging
According to
claimant's
exertion.
in "any type of
this doctor,
ability
a substantial period
claimant's
by physical
constant
Thus, he
to
of time
pain
was
was precluded
claimant
was in
"dire need"
of
treatment.
At
the last
opinion of what
responded
hearing,
the ALJ
asked
the VE
that if one
his
The VE
However, based on
precluded from
heavy work
taking
into
account
such as
his last
pain
and
job,
conclusion
decreased
-7-
Claimant
argues that
complaints of pain.
claimant
as
We
being
profile.
The
claimant
could
alternate
fact
do not agree.
able
specifically referred
to
to pain
ALJ went
engage
light
to
in
credit his
in describing
moderate
of claimant's
VE, deciding
work
work
where
he
that
could
The VE
as a component
only
conflicting
did not
perform
positions.1
the ALJ
whether
as his
other conditions
claimant's
pain
was
totally
disabling, such conflicts are for the ALJ, not the courts, to
resolve.
See
___
Rodriguez v.
_________
there was
conclusion that
substantial
evidence to
Thus,
we find
support the
ALJ's
demands of light
work.
2.
Mental Impairment
_________________
Whether
claimant's
emotional
impairment
is
disabling
is
emotional
problems after he
treatment for
Center from
closer
question.
began
experiencing
He received
these problems
He
at the Carolina
Mental Health
See Exhibits
___
____________________
1. For some reason, claimant argues that the ALJ erred by
relying on the grid and that the testimony of a VE was
required. It appears that claimant bases this contention on
the first decision rendered by the ALJ in July 1987, rather
_____
than the most recent decision of June 1989.
-8-
18 and 37.
he
his
experienced
hallucinations at night.
headaches
out-patient
indicate
that
counseling
during
and
1986,
recommended.
claimant
some
visual
stated that
purpose of obtaining
Clinic
evinced
good
notes
little
medication to help
him sleep.
His
case
was terminated
having occurred.
in January
1987, no
real changes
this
relevant
little
time,
and
claimant
was
his thought
cooperative,
processes
were
goal-directed,
intact.
Again,
claimant was
Exhibits
All
17,
38
and
40.
Despite
Although two
oriented.
his
See
___
subjective
psychotic perceptions.
and 40,
15,
evaluations --
with no evidence
examiners noted
of
some
perceived as
a major problem
and all
-9-
four
agreed
that claimant's
judgment
was,
at a
minimum,
adequate.
was
anxious
claimant
The
and
distracted,
with
appeared depressed.
most
common
three
observing
See Exhibits
___
diagnosis
was
15, 38
depression
that
and 40.
related
to
claimant's accident.
The
claimant's
work.
evaluators
differed
mental condition
A psychologist who
to
the
effect
ability to
of
function at
the SIF, see
___
IQ of
manual
activities.
moderate"
anxiety
the psychologist
on
or his
as
an
Despite
the
which affected
presence
counseling
"mild
to
claimant's concentration,
out-patient
of
basis.
was treatable
Claimant's
work
his
intellectual
capacities"
were
"appropriate"
for
vocational rehabilitation.
However, the
one examiner
who completed a
mental
RFC form
as "[n]o
useful ability
to function"):
(1)
work
stresses;
(6)
maintaining
-10-
concentration;
(7)
handling detailed or
in
an
emotionally
reliability.
His
independently
were
and
"fair"
--
precluded."
abilities
manner;
abilities
to
and
use
relate predictably
defined
as
(9)
areas
"seriously
of
function
social situations
limited,
demonstrating
judgment,
in
behaving
but
not
but satisfactory")
understanding, remembering
and
carryingout
simpleinstructions
andinmaintaining
personalappearance.
Two non-examining doctors completed RFC assessments
in
1986.
significant
limits
in
following
activities:
(1)
and
instructions;
asking
simple
acting in
carrying
out
(5)
very
short
and
simple
assistance;
(6)
claimant
his capacity
as
being moderately
limited
in
to
maintain
a normal
work
week without
the
These same
Psychiatric
claimant as
moderately
to
Review
Technique
interruptions due
social
(PRT)
Form,
rated
functioning; claimant
seldom
-11-
experienced
problems
with
concentration
and
never
had
1988,
and
severe.
See Exhibit
___
had
slight
two
non-examining
physicians
also
depressed,
35.
limitations
his
emotional
daily
condition
was
was
not
criteria, claimant
living
problems with
and
social
concentration
Again, the VE
conflicting
abilities
and
the
were
utilized.
conclusions
dependent
Based on the
evaluation, claimant
However, the
other
on
as
what
to
claimant's
medical
psychiatrist's report
would
not
be able
reports, according
to
reports
one
and the
RFC
work
to the
work
at
VE, did
all.
not
did
impairment
support the
work.
the
did
claimant, we
exist,
Council,
it
believe that
had
no
even hesitate to
that
while
significant
there is substantial
such
an
effect
on
evidence to
-12-
attendance and
the completion of
a work-week
without interruption
least marginally.
Services, 890
________
given
his
the ability
attention and
affected, along
occupational base, at
the presence
claimant had
that
with
to follow simple
concentration
the RFC
Nonetheless,
indicating that
instructions and
were
assessments
only minimally
that
claimant's
that the
different
conclusion, we
again
emphasize
that
See Irlanda
___ _______
F.2d
the
CONCLUSION
__________
foregoing reasons,
the
judgment of
the
-13-