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Martinez Burgos v. SHHS, 93-1772 (1994)

Court: Court of Appeals for the First Circuit Number: 93-1772 Visitors: 3
Filed: Feb. 11, 1994
Latest Update: Mar. 02, 2020
Summary: February 11, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 93-1772 TOMAS MARTINEZ-BURGOS, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.
USCA1 Opinion









February 11, 1994
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 93-1772

TOMAS MARTINEZ-BURGOS,

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. Gilberto Gierbolini, U.S. District Judge]
___________________

____________________

Before

Torruella, Boudin and Stahl,
Circuit Judges.
______________

____________________

Juan A. Hernandez Rivera and Raymond Rivera Esteves on brief for
________________________ ______________________
appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios,
______________ ______________________
Assistant United States Attorney, and Paul Germanotta, Assistant
________________
Regional Counsel, Department of Health and Human Services, on brief
for appellee.


____________________


____________________


















Per Curiam. We affirm substantially for the
___________

reasons stated in the opinions of the magistrate and district

court. We disagree with claimant's argument that the

testimony of a VE was necessary to determine whether a person

with the "moderate" limitations the ALJ found could

adequately perform the job of bank office clerk and cashier.

The descriptions of claimant's past work, together with the

medical reports and MA's testimony addressed to claimant's

level of intellectual and social functioning, provided an

adequate basis from which to conclude that claimant could

perform those jobs at an acceptable level.

Affirmed.
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Source:  CourtListener

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