Elawyers Elawyers
Washington| Change

Caron v. Chater, 97-1185 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1185 Visitors: 5
Filed: Sep. 09, 1997
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Francis Lafayette on brief for appellant.and the record on appeal.need to reach the jurisdictional issue in this case. Ortiz v. Secretary of Health Human Servs.890 F.2d 520, 524-24 (1st Cir.the claimant's subjective complaints were not credible.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1185


JOANN CARON,

Plaintiff, Appellant,

v.

SHIRLEY S. CHATER, COMMISSIONER,
SOCIAL SECURITY ADMINISTRATION,

Defendant, Appellee.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Frank H. Freedman, Senior U.S. District Judge] __________________________

____________________

Before

Selya, Boudin and Stahl,
Circuit Judges. ______________

____________________

Francis Lafayette on brief for appellant. _________________
Donald K. Stern, United States Attorney, Karen L. Goodwin, _________________ __________________
Assistant United States Attorney, and Sara Gardiner Kilkenny, _________________________
Assistant Regional Counsel, Social Security Administration, on brief
for appellee.


____________________

September 3, 1997
____________________














Per Curiam. We have examined the parties' briefs __________

and the record on appeal. Although we have considerable

doubt whether the district court had jurisdiction, the

Commissioner's decision is adequately supported, so we see no

need to reach the jurisdictional issue in this case. We

affirm the order of the district court, dated November 27,

1996, essentially for the reasons given in the district court

Memorandum of the same date. We would add only the

following.

Claimant argues the Administrative Law Judge

("ALJ") improperly used "the Grid" (20 C.F.R. Part 404,

Subpart P, App. 2) in evaluating claimant's nonexertional

limitations. This court has noted use of "the Grid" alone

may be improper in some cases involving nonexertional

limitations. Ortiz v. Secretary of Health & Human Servs., ______________________________________________

890 F.2d 520, 524-24 (1st Cir. 1989). But here the ALJ

followed the rule from Ortiz by using the testimony of a _____

vocational expert in addition to using "the Grid." Id. Thus, ___

the ALJ's use of "the Grid" was not improper.

Claimant also argues the ALJ failed to evaluate her

subjective complaints of pain. While a more detailed

analysis of those complaints would have been preferable, see ___

Frustaglia v. Secretary of Health & Human Servs., 829 F.2d __________________________________________________

192, 195 (1st Cir. 1987), we have examined the record and we





-2-













conclude the ALJ had ample support for his conclusion that

the claimant's subjective complaints were not credible.

AFFIRMED. _________















































-3-






Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer