October 30, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-1537
FELIX SANCHEZ-RODRIGUEZ,
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. Jaime Pieras, Jr., U.S. District Judge] ___________________
____________________
Before
Cyr, Boudin and Lynch,
Circuit Judges. ______________
____________________
Juan A. Hernandez Rivera and Raymond Rivera Esteves on brief for ________________________ _______________________
appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios- ______________ _______________________
Gandara, Assistant United States Attorney, and Nancy B. Salafia, _______ _________________
Assistant Regional Counsel, Social Security Administration, on brief
for appellee.
____________________
____________________
Per Curiam. We affirm for substantially the ___________
reasons stated by the district court.
We reject claimant's argument that the ALJ
improperly substituted his own lay opinion for that of the
non-examining physicians. Unlike the non-examining doctors,
the ALJ heard claimant's testimony concerning the type of
work he had been able to perform with his brothers. That
testimony, along with claimant's failure to document his
claim of frequent emergency room visits, supports the ALJ's
conclusion that claimant was able adequately to perform
unskilled work.
The ALJ did not err in relying upon the grid to
conclude that sufficient unskilled jobs not requiring
frequent contact with the public existed in the national
economy, which claimant could perform. Ortiz v. Secretary, _____ _________
890 F.2d 520, 525-28 (1st Cir. 1989); Zalewski v. Heckler, ________ _______
760 F.2d 160, 165 (7th Cir. 1985).
Affirmed. ________
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