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Martinez-Rojas v. Commissioner of SS, 96-1034 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1034 Visitors: 3
Filed: May 13, 1996
Latest Update: Mar. 02, 2020
Summary: ___________, Stahl and Lynch, Circuit Judges.Melba N. Rivera-Camacho and Rivera, Requena Assocs. on brief, ________________________ ___________________________, for appellant.______________, Social Security Administration, on brief for appellee.district court.reason why he cannot work.
USCA1 Opinion









May 13, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 96-1034


JAIME MARTINEZ-ROJAS,

Plaintiff, Appellant,

v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Juan M. Perez-Gimenez, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________

____________________

Melba N. Rivera-Camacho and Rivera, Requena & Assocs. on brief ________________________ ___________________________
for appellant.
Guillermo Gil, United States Attorney, Rosa E. Rodriguez-Velez, _____________ ________________________
Chief, Civil Division, and Wayne G. Lewis, Assistant Regional Counsel, ______________
Social Security Administration, on brief for appellee.


____________________


____________________

Per Curiam. We have carefully reviewed the ___________














record and conclude that substantial evidence supports the

Secretary's determination that claimant was not entitled to

social security disability benefits. We have considered all

of claimant's arguments and, finding them without merit,

affirm the judgment essentially for the reasons stated by the

district court. We add only these comments.

Claimant now argues, as he did before the district

court, that the record does not support the conclusion that

his skin condition does not limit his ability to do his past

relevant work because he can use gloves. On the contrary, it

was within the province of the Secretary to reach that

common-sense conclusion, considering not only the medical

findings stated in the dermatologist's letter, but also

claimant's own testimony about the intermittent nature of the

condition, its alleviation through treatment, his past

practice of sometimes wearing gloves while doing maintenance

work, his past ability to function many years with the

condition (he said he had it since he was 12), and his

failure to list the skin condition in his application as a

reason why he cannot work. See Gordils v. Secretary of ___ _______ ____________

Health & Human Services, 921 F.2d 327, 329 (1st Cir. 1990). ________________________



Affirmed. ________







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Source:  CourtListener

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