Berrios Lopez v. Secretary of Health and Human Services
| Decision Date | 12 December 1991 |
| Docket Number | No. 91-1294,91-1294 |
| Citation | 951 F.2d 427 |
| Parties | , Unempl.Ins.Rep. (CCH) P 16371A, 2 NDLR P 176 Paulina BERRIOS LOPEZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. |
| Court | U.S. Court of Appeals — First Circuit |
Raymond Rivera Esteves and Juan A. Hernandez Rivera, on brief, for plaintiff-appellant.
Daniel F. Lopez Romo, U.S. Atty., Jose Vazquez Garcia, Asst. U.S. Atty., and Amy S. Knopf, Asst. Regional Counsel, Dept. of Health and Human Services, on brief, for defendant-appellee.
Before TORRUELLA, SELYA and CYR, Circuit Judges.
Claimant Paulina Berrios Lopez filed an application for Social Security disability benefits on November 9, 1988, alleging high blood pressure, a left knee condition, and arthritis. Subsequently, claimant also alleged a mental condition. After a hearing, the Administrative Law Judge (ALJ) conceded that claimant had a severe impairment or impairments that precluded her return to her former work as a short-order cook. The ALJ found, however, that despite claimant's exertional impairments claimant retained the residual functional capacity to perform light work, so long as alternation of positions was possible. The ALJ further found that claimant's mental condition did not significantly restrict her functional capacity except insofar as it precluded her from performing skilled or semi-skilled jobs or jobs requiring understanding detailed or complex instructions. At the hearing the ALJ received testimony from a vocational expert that despite claimant's impairments, there existed a significant number of light jobs in the economy claimant could perform, such as stamper, wire worker, mica classifier, and wire cutter. On the basis of this testimony, the ALJ found claimant not disabled at step 5 of the sequential evaluation process, 20 C.F.R. § 404.1520(f), on the ground that the Secretary had demonstrated the existence of jobs in the economy that claimant could perform. After the Appeals Council denied claimant's request for review of the ALJ's decision, claimant appealed to the district court, which affirmed. Claimant appeals. We affirm.
At the hearing, the ALJ posed the following hypothetical to the vocational expert:
Assume then, that considering the pain element, this claimant has the residual capacity for light duty work--limitedly--that is, she doesn't have the full range of light work in the sense that she can't stand and walk all the time, but she has to exchange positions. Under these circumstances, and taking into consideration that the mental condition is not severely (sic) enough to impose limitations, excepting complex jobs--but that she could perform simple, non-skilled jobs--under these circumstances, what jobs would there be in the national economy that she could perform--exchanging positions, simple tasks?
It was in response to this question that the vocational expert identified light jobs available in the economy that a claimant with these impairments could perform. The ALJ was entitled to credit the vocational expert's testimony as long as there was substantial evidence in the record to support the description of claimant's impairments given in the ALJ's hypothetical to the vocational expert.
Despite claimant's arguments that the record lacked substantial evidence to justify a finding of such a relatively mild mental impairment, we have no quarrel with the Secretary on that point. Dr. Reinaldo Kianes, a consulting psychiatrist, examined claimant on August 11, 1989, and found her to have "an adjustment disorder with depressed mood," but with adequate affect, normal flight of ideas, no delusions, phobias, or obsessions, and no perceptual disturbances. He further stated that claimant was coherent, logical, relevant, well-oriented in the three spheres, and with fair memory and judgment. Dr. Kianes concluded that claimant "appears able to handle funds." Based on Dr. Kianes' findings of a relatively limited depressive disorder, the ALJ had substantial evidence for his finding that claimant's mental impairment did not significantly restrict her functional capacity except to preclude complex, skilled, or semi-skilled work. In view of this evidence from an examining psychiatrist, any differences in the boxes checked on the Psychiatric Review Technique form by the ALJ and by Dr. Gonzalez, a non-examining psychiatrist, are of no consequence.
Nor do we see any merit to claimant's contention that the Secretary failed to give adequate consideration to claimant's subjective complaints of pain in her left knee and from arthritis. The ALJ fully discussed claimant's subjective complaints of pain as required by Avery v. Secretary of Health and Human Services, 797 F.2d 19 (1st Cir.1986). The ALJ noted that "[t]he record shows that there is a left knee condition likely to produce pain, especially if prolonged walking or more than light weight bearing is involved." As the ALJ stated, however, Dr. Melendez, a consulting internist, found that claimant had "mild effusion into left knee" with no edema and good range of motion in all joints, findings inconsistent with intense, disabling pain in the knee. The ALJ further noted that "at the hearing she walked without assistance, and on November 9, 1988 she came to the District Office driving her own car and no difficulties were observed." The ALJ might also have mentioned that claimant stated on her application for benefits that she did "all the household chores at my own pace." Accordingly, the record did contain substantial evidence for the ALJ's conclusions as to the non-exertional impact of claimant's pain, which were as follows:
In summary, the evidence fails to show clinical findings or observable signs usually associated to severe or disabling pain. Nevertheless, we give some credence to her complaints and to the nature of her left knee impairment with some degree of pain and find that the range of light work she is able to perform is somewhat narrowed.
These conclusions did not entirely disregard claimant's subjective assertions of pain.
Somewhat more problematic is the portion of the ALJ's hypothetical in which the ALJ posits a claimant who, with certain stated limitations, retains the exertional capacity to perform light work. There are three medical reports in the record which evaluate claimant's exertional residual functional capacity in relevant detail. These are the reports submitted by Dr. Arzola and Dr. Sanchez, non-testifying, non-examining physicians who reviewed the medical file, and a report submitted by Dr. Rodriguez-Diaz, a physician who has treated claimant since October 1980.
Dr. Arzola's report, prepared in April 1989, consists of a residual functional capacity assessment form accompanied by brief medical findings. On the form, Dr. Arzola checked boxes indicating that claimant can lift or carry 20 pounds, 10 pounds frequently, can stand, walk or sit six hours, is limited to pushing and/or pulling 20 pounds, and can climb, balance, stoop, kneel, crouch, and crawl occasionally. Dr. Arzola made the following subsidiary medical findings: "Hypertension[,] obesity[,] no angina or CHF, EKG--LVH with strain."
Like Dr. Arzola's report, Dr. Sanchez's report, prepared in September 1989, consists of a residual functional capacity assessment form plus medical findings. Dr. Sanchez checked essentially the same boxes Dr. Arzola did, indicating that claimant can lift and/or carry 20 pounds, 10 pounds frequently, can stand, walk, or sit six hours, and can climb, balance, stoop, kneel, crouch, or crawl occasionally. Dr. Sanchez' subsidiary findings, somewhat more extensive than Dr. Arzola's but not entirely legible, include the following findings: Both Dr. Arzola's and Dr. Sanchez' findings support the ALJ's assumption in his hypothetical of an ability to do light work, since "[l]ight work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds." 20 C.F.R. § 404.1567(b).
By contrast, Dr. Rodriguez-Diaz, claimant's treating physician, filled out a residual functional capacity assessment form on October 18, 1988, and found claimant's exertional impairments to be more limiting. According to Dr. Rodriguez-Diaz, claimant can lift or carry 0-15 pounds less than 20% of the time, and can never lift or carry more...
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Arruda v. Barnhart
...capacity reports'" that "`are unaccompanied by thorough written reports'" as "`suspect'"); Berrios Lopez v. Secretary of Health and Human Services, 951 F.2d 427, 431 (1st Cir.1991) (providing greater credence to consulting non-examining physician's report given greater detail than was typic......
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Maldonado v. Berryhill
...a negative credibility finding." Teixeira v. Astrue, 755 F. Supp. 2d 340, 347 (D. Mass. 2010) (citing Berrios Lopez v. Sec'y of Health and Human Servs., 951 F.2d 427, 429 (1st Cir. 1991)). The ALJ in this case did the latter. She did not, as plaintiff suggests, equate his ability to make a ......
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Bergeron v. Colvin
...and laboratory findings, the more weight we will give that opinion." 20 C.F.R. § 404.1527(c)(2-3); see Berriós Lopez v. Sec'y of Health & Human Servs., 951 F.2d 427, 431 (1st Cir. 1991) (reports containing "brief conclusory statements or the mere checking of boxes" are "entitled to relative......
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Case survey
...decision. Id., citing Browne v. Richardson , 468 F.2d 1003, 1006 (1st Cir. 1972); Berrios Lopez v. Secretary of Health & Human Servs ., 951 F.2d 427, 431 (1st Cir. 1991). Further, the weight accorded to such a report varies, depending on the circumstances, including the availability of the ......
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Issue Topics
...the claimant’s residual functional capacity based on the bare medical record. Berrios Lopez v. Secretary of Health and Human Servs ., 951 F.2d 427, 430 (1st Cir. 1991). Although the ALJ is ordinarily not qualified to assess residual functional capacity based on a bare medical record, he may......
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Issue topics
...the claimant’s residual functional capacity based on the bare medical record. Berrios Lopez v. Secretary of Health and Human Servs ., 951 F.2d 427, 430 (1st Cir. 1991). Although the ALJ is ordinarily not qualified to assess residual functional capacity based on a bare medical record, he may......
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Issue topics
...the claimant’s residual functional capacity based on the bare medical record. Berrios Lopez v. Secretary of Health and Human Servs ., 951 F.2d 427, 430 (1st Cir. 1991). Although the ALJ is ordinarily not qualified to assess residual functional capacity based on a bare medical record, he may......