Filed: Mar. 22, 2005
Latest Update: Feb. 21, 2020
Summary: Circuit Judges.Francis M. Jackson and Jackson & MacNichol on brief for, appellant.Regional Chief Counsel, Social Security Administration, and, Eskunder Boyd, Special Assistant to the U.S. Attorney on brief for, appellee., 647 F.2d 218 (1st Cir.of the ALJ's duty to develop the record.
Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 04-1707
WILBERT W. KELLY,
Plaintiff, Appellant,
v.
JOANNE BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
Before
Selya, Lynch and Howard,
Circuit Judges.
Francis M. Jackson and Jackson & MacNichol on brief for
appellant.
Paula Silsby, United States Attorney, Robert J. Triba,
Regional Chief Counsel, Social Security Administration, and
Eskunder Boyd, Special Assistant to the U.S. Attorney on brief for
appellee.
March 22, 2005
Per Curiam. After carefully considering the briefs
and record on appeal, we affirm for substantially the reasons
stated in the magistrate's report and adopted by the district
court. Among other problems, the appellant made no showing of
documented, severe mental impairment. Substantial evidence
supported the determination that his mental capacity was not
significantly limited. Rodriguez v. Sec'y of Health & Human
Servs., 647 F.2d 218 (1st Cir. 1981). He also made no showing
that the record cast doubt on his ability to perform light
work. An ALJ may render "common-sense judgments about
functional capacity." Gordils v. Sec'y of Health & Human
Serv.,
921 F.2d 327, 329 (1st Cir. 1990).
Finally, the appellant failed to preserve the issue
of the ALJ's duty to develop the record. Passing allusion to
the issue does not suffice. Keating v. Sec'y of Health & Human
Serv., 848 F.2d 271 (1st Cir. 1988).
Affirmed. 1st Cir. R. 27(c).
-2-
