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Negron v. SHHS, 94-1177 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1177 Visitors: 32
Filed: Sep. 06, 1994
Latest Update: Mar. 02, 2020
Summary: [NOT FOR PUBLICATION] ____________________ No. 94-1177 RUBEN RIVERA NEGRON, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee. See Bowen v. Yuckert, 482 U.S. 137 (1987). The claimant appealed to the district court, which affirmed the decision of the Secretary.
USCA1 Opinion




[NOT FOR PUBLICATION]




____________________


No. 94-1177

RUBEN RIVERA NEGRON,

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. Carmen Consuelo Cerezo, U.S. District Judge]
___________________


____________________

Before

Torruella, Chief Judge,
___________
Selya and Cyr, Circuit Judges.
______________

____________________

Raymond Rivera Esteves and Juan A. Hernandez Rivera on brief for
______________________ _________________________
appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios
______________ ______________________
Gandara, Assistant United States Attorney, and Nancy B. Salafia,
_______ _________________
Assistant Regional Counsel, Department of Health and Human Services,
on brief for appellee.


____________________

August 31, 1994
____________________























Per Curiam. Claimant, Ruben Rivera-Negron,
__________

challenges the denial of disability benefits.

Mr. Rivera-Negron worked in various laborer and

carpentry jobs for many years in Puerto Rico and New York City.

He alleged an onset of disability in November, 1990, due to the

after effects of an undisplaced fracture of the big toe on his

left foot. He maintained that because of pain he was unable to

wear heavy shoes required on construction sites where he had

previously worked.

The Administrative Law Judge (ALJ) found that "the

claimant did not have an impairment or combination of impairments

which . . . significantly limited his ability to perform basic

work-related activities." The ALJ, therefore, terminated the

review process at Step 2, or the severity stage, of the five-step

sequential inquiry. See Bowen v. Yuckert, 482 U.S. 137 (1987).
___ ________________

The decision of the ALJ became the final decision of the

Secretary when the Appeals Council denied review. The claimant

appealed to the district court, which affirmed the decision of

the Secretary. We also affirm.

The claimant challenges the ALJ's finding of no

severe impairment. In essence, the claimant argues that the ALJ

erred in his application of the threshold test of medical

severity which was enunciated in McDonald v. Secretary of Health
_______________________________

and Human Services, 795 F.2d 1118 (1st Cir. 1986). In McDonald,
___________________ _________

this court held that the Step 2 severity test is justified as a



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de minimis screening policy and that the Secretary is not

precluded from implementing a threshold test of medical severity

to screen out claims that would clearly be disallowed even if

vocational factors were considered. Id. at 1121-1126. See also
__ ___ ____

Bowen v. Yuckert, 482 U.S. 137 (1987).
________________

The State Insurance Fund concluded claimant had

suffered a "[l]oss of 50% of the GPF [general physical

functioning] due to a loss of the large toe in the left foot-

secondary articulation." However, an examination several months

later in July 1991 found no remaining abnormality in the toe, no

redness or swelling, and full range of motion. Notwithstanding

claimant's complaints of cramps, pain and an inability to

tolerate heavy shoes or work boots, the doctor concluded no

treatment was merited. The ALJ found claimant unpersuasive

regarding his inability to wear heavy shoes, and gave weight to

the medical evidence indicating no loss of motion or other signs

of abnormality in the toe. In view of the July 1991 medical

reports and claimant's sparse treatment history, the ALJ's

findings are justified and adequately supported by the record.

For the foregoing reasons, we find substantial

evidence to support the Secretary's determination that the

claimant does not have any impairment or combination of

impairments which significantly limits his ability to perform

basic work-related activities. We conclude that review was

appropriately terminated at the Step 2 severity level. We have



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considered all of claimant's arguments and have found them to be

without merit.

Affirmed. See 1st Cir. R. 27.1.
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Source:  CourtListener

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