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  • Garcia v. Commissioner of SSI, 1st Cir. (1999)

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    The US Court of Appeals affirmed the decision of the Commissioner of Social Security that claimant Victor Garcia was not entitled to disability benefits. In a brief 3 sentence opinion, the Court summarized that it reviewed the briefs and administrative record, and affirmed for the reasons stated by the district court, which found conflicting medical reports in the record. The Court added that it could not say the Commissioner's decision not to credit the treating physicians' reports was unreasonable, as conflicts in evidence are for the Commissioner to resolve rather than the courts.

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    Filed: 1999-12-29 Precedential Status: Precedential Docket: 99-1495

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    The US Court of Appeals affirmed the decision of the Commissioner of Social Security that claimant Victor Garcia was not entitled to disability benefits. In a brief 3 sentence opinion, the Court summarized that it reviewed the briefs and administrative record, and affirmed for the reasons stated by the district court, which found conflicting medical reports in the record. The Court added that it could not say the Commissioner's decision not to credit the treating physicians' reports was unreasonable, as conflicts in evidence are for the Commissioner to resolve rather than the courts.

    Copyright:

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    9 views3 pages

    Garcia v. Commissioner of SSI, 1st Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals affirmed the decision of the Commissioner of Social Security that claimant Victor Garcia was not entitled to disability benefits. In a brief 3 sentence opinion, the Court summarized that it reviewed the briefs and administrative record, and affirmed for the reasons stated by the district court, which found conflicting medical reports in the record. The Court added that it could not say the Commissioner's decision not to credit the treating physicians' reports was unreasonable, as conflicts in evidence are for the Commissioner to resolve rather than the courts.

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    USCA1 Opinion

    [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]


    United States Court of Appeals
    For the First Circuit

    No. 99-1495

    VICTOR GARCIA,

    Plaintiff, Appellant,

    v.

    COMMISSIONER OF SOCIAL SECURITY,

    Defendant, Appellee.

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF PUERTO RICO

    [Hon. Jose Antonio Fuste, U.S. District Judge]

    Before

    Selya, Boudin and Lynch,


    Circuit Judges.

    Melba N. Rivera Camacho & Assoc. and Melba N. Rivera-Camacho


    on brief for appellant.
    Guillermo Gil, United States Attorney, Lilliam Mendoza-Torro,
    Assistant U.S. Attorney, and Wayne G. Lewis, Assistant Regional
    Counsel, Social Security Administration, on brief for appellee.

    December 29, 1999

    Per Curiam.

    After carefully reviewing the briefs and the

    administrative record, we affirm the decision of the Commissioner


    of Social Security that claimant Victor Garcia was not entitled to
    Social Security disability benefits.

    We do so essentially for the

    reasons stated in the district court's Opinion and Order, dated


    January 29, 1999.

    The only comment we add is that this is a case

    in which there are conflicting medical reports in the record and


    we cannot say that the Commissioner's decision not to credit the
    reports of claimant's treating physicians was unreasonable.

    See

    Rodriguez Pagan v. Secretary of Health and Human Services, 819 F.2d


    1, 3 (1st Cir. 1987) (per curiam).

    As almost always is the case,

    such conflicts are for the Commissioner, not the courts.

    Rodriguez

    v. Secretary of Health and Human Services, 647 F.2d 218, 222 (1st
    Cir. 1981).
    Affirmed.

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