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  • Sanchez-Rodriguez v. SHHS, 69 F.3d 531, 1st Cir. (1995)

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    The court affirmed the district court's decision to deny disability benefits to the claimant. In 3 sentences: The court rejected the claimant's argument that the administrative law judge improperly substituted his own opinion for the non-examining physicians, finding that the ALJ heard testimony about the type of work the claimant performed which supported the conclusion that the claimant could perform unskilled work. The court also found that the ALJ did not err in relying on grids to determine there were sufficient unskilled jobs in the national economy that the claimant could perform. The court affirmed the denial of disability benefits.

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    Filed: 1995-10-30 Precedential Status: Non-Precedential Citations: 69 F.3d 531 Docket: 95-1537

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    The court affirmed the district court's decision to deny disability benefits to the claimant. In 3 sentences: The court rejected the claimant's argument that the administrative law judge improperly substituted his own opinion for the non-examining physicians, finding that the ALJ heard testimony about the type of work the claimant performed which supported the conclusion that the claimant could perform unskilled work. The court also found that the ALJ did not err in relying on grids to determine there were sufficient unskilled jobs in the national economy that the claimant could perform. The court affirmed the denial of disability benefits.

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    Sanchez-Rodriguez v. SHHS, 69 F.3d 531, 1st Cir. (1995)

    Uploaded by

    Scribd Government Docs
    The court affirmed the district court's decision to deny disability benefits to the claimant. In 3 sentences: The court rejected the claimant's argument that the administrative law judge improperly substituted his own opinion for the non-examining physicians, finding that the ALJ heard testimony about the type of work the claimant performed which supported the conclusion that the claimant could perform unskilled work. The court also found that the ALJ did not err in relying on grids to determine there were sufficient unskilled jobs in the national economy that the claimant could perform. The court affirmed the denial of disability benefits.

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    of 2

    69 F.

    3d 531

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    Felix SANCHEZ-RODRIGUEZ, Plaintiff, Appellant,
    v.
    SECRETARY OF HEALTH AND HUMAN SERVICES,
    Defendant, Appellee.
    No. 95-1537.

    United States Court of Appeals, First Circuit.


    Oct. 30, 1995.

    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.
    Before CYR, BOUDIN and LYNCH, Circuit Judges.
    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).
    4

    Affirmed.

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