Filed: Apr. 29, 2003
Latest Update: Feb. 21, 2020
Summary: and Lipez, Circuit Judge.Michael James Kelly on brief for appellant.Region I, Social Security Administration on brief for appellee.April 29, 2003, Per Curiam.the district court. 20 C.F.R.Health and Human Services, 955 F.2d 765, 769 (1st Cir.
Not for Publication in West's Federal Reporter
Citation Limited Pursuant to lst Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 02-2140
WANDA ROLDAN,
Administratrix of the Estate of Rene M. Roldan,
Plaintiff, Appellant,
v.
JO ANNE B. BARNHART,
Acting Commissioner of Social Security,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Morris E. Lasker, Senior U.S. District Judge]
Before
Boudin, Chief Judge,
Campbell, Senior Circuit Judge,
and Lipez, Circuit Judge.
Michael James Kelly on brief for appellant.
George B. Henderson, II, Assistant United States Attorney,
Michael J. Sullivan, United States Attorney, and Michael E. Kerpan,
Jr., Assistant Regional Counsel, Office of the Chief Counsel,
Region I, Social Security Administration on brief for appellee.
April 29, 2003
Per Curiam. After carefully reviewing the briefs and
record on appeal, we affirm substantially for the reasons stated by
the district court.
The appellant argues that the administrative law judge
ignored material evidence and substituted his judgment for expert
medical opinion. However, substantial evidence supported the
determination that the claimant would not have been disabled if he
had not been drinking. 20 C.F.R. ยง 404.1535(b). The record
contains ample evidence linking the claimant's symptoms to ongoing
alcohol abuse, in addition to liver disease. Ortiz v. Secretary of
Health and Human Services,
955 F.2d 765, 769 (1st Cir. 1991).
Affirmed. Loc. R. 27(c).
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