USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 95-1851
MATILDE VAZQUEZ-MORALES,
Plaintiff, Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Salvador E. Casellas, U.S. District Judge]
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Before
Torruella, Chief Judge,
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Selya and Cyr, Circuit Judges.
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Raymond Rivera Esteves and Juan A. Hernandez Rivera on brief for
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appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios-
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Gandara, Assistant United States Attorney, and Wayne G. Lewis,
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Assistant Regional Counsel, Social Security Administration, on brief
for appellee.
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February 27, 1996
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Per Curiam. We have carefully reviewed the record
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on appeal and the parties' briefs. The judgment of the
district court is affirmed for the reasons stated in its
order and in the report and recommendation of the magistrate
judge which the order adopted. We add only two comments.
1. Claimant argues that the ALJ's finding that she
can walk and sit for an hour each day is not supported by
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substantial evidence because the Medical Advisor (MA)
testified to the contrary at the hearing. We disagree.
Although the MA first stated that claimant "must not work
standing or walking," he later clarified this by stating that
she could spend, in an eight-hour day, "[o]ne hour walking or
one hour standing."
Although confusing, it seems to us, first, that the
MA's bottom line is that claimant can walk and stand for one
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hour during an eight hour day. We think that claimant's
focus on the use of the word "or" in the last quote is
hypertechnical. Second, there is other evidence in the
record -- the two residual functional capacity assessments --
which indicates that claimant can walk and stand for six
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hours per working day. Finally, claimant submitted no
evidence of her own to show the impact of her condition on
her ability to function.
2. In the same vein, claimant's assertion that the
Vocational Expert (VE) described a secretarial job as
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requiring "indefinite" periods of walking and standing is not
supported by the record. The VE was describing the general
requirements of such work and was not assigning times to the
various activities.
The judgment of the district court is affirmed.
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See 1st Cir. R. 27.1.
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