Filed: Mar. 17, 2006
Latest Update: Feb. 21, 2020
Summary: Campbell and Stahl, Senior Circuit Judges.Michael J. Kelley on brief for appellant.Assistant U.S. Attorney, on brief for appellee.the district court.engendered no severe, nonexertional limitation.Human Serv., 890 F.2d 520 (1st Cir.evidence supported the decision.
Not for Publication in West's Federal Reporter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. 05-1919
JAMES M. DELUCIA,
Plaintiff, Appellant,
v.
JO ANNE B. BARNHART,
COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. F. Dennis Saylor, IV, U.S. District Judge]
Before
Boudin, Chief Judge,
Campbell and Stahl, Senior Circuit Judges.
Michael J. Kelley on brief for appellant.
Michael J. Sullivan, United States Attorney and Anita Johnson,
Assistant U.S. Attorney, on brief for appellee.
March 17, 2006
Per Curiam. After carefully considering the briefs and
record on appeal, we affirm for substantially the reasons stated by
the district court. Substantial evidence supported the ALJ’s
determination that the appellant’s pain and visual impairments
engendered no severe, nonexertional limitation. Heggarty v.
Sullivan,
947 F.2d 990 (1st Cir. 1991); Oritz v. Sec’y Health &
Human Serv.,
890 F.2d 520 (1st Cir. 1989). Although the medical
record for the insured period documented pain and severe
impairment, it documented no severe, nonexertional limit.
Moreover, the ALJ could reasonably conclude that the appellant’s
activities were inconsistent with any such limitation. Substantial
evidence supported the decision. Rodriquez v. Sec’y Health & Human
Serv.,
647 F.2d 218 (1st Cir. 1981).
Affirmed. 1st Cir. R. 27(c).
-2-