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Ferrer-Cruz v. SHHS, 92-2330 (1993)

Court: Court of Appeals for the First Circuit Number: 92-2330 Visitors: 6
Filed: Aug. 20, 1993
Latest Update: Mar. 02, 2020
Summary: August 20, 1993 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 92-2330 FELICITA FERRER-CRUZ, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee. 944 F.2d 1, 6-7 (1st Cir. ________ -3-
USCA1 Opinion









August 20, 1993

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 92-2330

FELICITA FERRER-CRUZ,

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

Torruella, Cyr and Boudin,
Circuit Judges.
______________

____________________

Raymond Rivera Esteves and Juan A. Hernandez Rivera on brief for
______________________ _________________________
appellant.
Daniel F. Lopez Romo, United States Attorney, Jose Vazquez
_______________________ _____________
Garcia, Assistant United States Attorney, and Nancy B. Salafia,
______ __________________
Assistant Regional Counsel, Department of Health and Human Services,
on brief for appellee.


____________________


____________________

















Per Curiam. We have carefully reviewed the record
__________

and conclude that substantial evidence supports the

Secretary's determination that claimant Felicita Ferrer Cruz

retained the ability to perform a particular past job and was

not entitled to social security disability benefits. We have

considered all of claimant's arguments and, finding them

without merit, affirm the judgment of the district court

essentially on the basis of the magistrate-judge's report

adopted by the district court. We add only these comments.

While we agree with claimant that the "B" criteria

of the Appeals Council's psychiatric review technique form

show a severe mental impairment, the claimant failed to meet

her relatively minimal initial burden to show both the mental

demands of her former work and how those work duties were

compromised by her mental condition. Santiago v. Secretary
________ _________

of Health & Human Services. 944 F.2d 1, 6-7 (1st Cir. 1991)
__________________________

("[T]he kind of foundation that the claimant must lay

requires no more than putting into issue functional loss that

precludes performance of pertinent prior work activities.").

Based upon claimant's description of her previous work as

secretary/receptionist at a photo studio, it is not obvious

how her mental condition, a generalized anxiety disorder,

precluded her prior work. In addition, we note that although

claimant filed an application alleging disability due to,

inter alia, "nerves", there is no evidence that claimant was
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ever treated or followed for any mental or emotional

condition. Even if we were to conclude that claimant had

sufficiently raised the issue of her inability to perform the

actual mental demands of her former job, where no treatment

whatsoever was obtained, the ALJ was entitled to decide that

claimant's relatively mild mental condition only minimally

affected her ability to perform her self-described work

duties. See, e.g., Irlanda Ortiz v. Secretary of Health &
___ ____ ______________ ______________________

Human Services, 955 F.2d 765, 769-70 (1st Cir. 1991); Perez
______________ _____

Torres v. Secretary of Health & Human Services, 890 F.2d
______ ______________________________________

1251, 1255 (1st Cir. 1989). In sum, substantial evidence

supports the Secretary's determination that claimant failed

to carry her burden of showing that her impairments prevented

her return to her past work.

Affirmed.
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Source:  CourtListener

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