Filed: Feb. 03, 2005
Latest Update: Feb. 21, 2020
Summary: Circuit Judges.Francis M. Jackson and Jackson & MacNichol on brief for, appellant., Boyd, Special Assistant to the U.S. Attorney, Assistant Regional, Counsel, Social Security Administration, on brief for appellee.evidence did not support the ALJ's decision. Sitar v. Schweiker, 671 F.2d 19 (1st Cir.
Not for Publication in West's Federal Reporter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. 04-1840
RICHARD A. FROST,
Plaintiff, Appellant,
v.
JO ANNE B. 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, Social Security Administration, and Eskunder R.T.
Boyd, Special Assistant to the U.S. Attorney, Assistant Regional
Counsel, Social Security Administration, on brief for appellee.
February 3, 2005
Per Curiam. After carefully considering the briefs
and record on appeal, we affirm for substantially the reasons
articulated by the magistrate judge.
The appellant fails to establish that substantial
evidence did not support the ALJ's decision. Rodriguez v.
Sec'y of Health & Human Servs., 647 F.2d 218 (1st Cir. 1981).
Among other problems, he does not explain how the ALJ's
assessment of the medical evidence was undercut by any
information in the record concerning his workers' compensation
status. The ALJ presented a detailed analysis of the record.
He was not obligated to discuss every bit of evidence. The
appellant could not undermine the decision merely by invoking
his disability status under another standard. 20 C.F.R.
ยง 404.1504; Sitar v. Schweiker,
671 F.2d 19 (1st Cir. 1982).
The appellant makes no showing that the ALJ ignored material
evidence.
Affirmed. 1st Cir. Rule 27(c).
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