Professional Documents
Culture Documents
Ocasio Vazquez v. SHHS, 1st Cir. (1994)
Ocasio Vazquez v. SHHS, 1st Cir. (1994)
February 9, 1994
__________________
__________________
Per Curiam.
___________
Ana
L. Ocasio Vazquez
of
Health
and
(claimant) appeals
Services
denying
her
application
below, we affirm.
BACKGROUND
Claimant was born on September 25, 1946, and applied for
benefits
when she
was forty
three years
old.
She has
speak English.
Between
meniscectomy.
same knee
in 1982.
She returned to
Claimant
continued to
work until
She was
leg,
sinusitis, headaches,
back
pains, and
in her
nerves.1
Phlebitis
is
inflammation
of a
vein.
See Dorland's
___ _________
(27th ed.
1988).
Illustrated Medical
Dictionary 1279
_________________________________
Sinusitis is inflammation of a sinus. Id. at 1531.
___
-2-
The
Social
Security
Administration
denied
claimant's
on March 19,
1991.
She
was represented by
an
She testified
only temporary.
that the
pain and
eyes.
With respect to
four or five
her to return
in her back
and
her leg
movement in
phlebitis,
which
her
knee
though
and
suffered
painful
when
from
"superficial
occurring,
is
____________________
2. Although claimant testified that she did not think that
she could work, she also testified that she had not tried to
find a job because:
I don't feel capable. I don't know what
kind of work to look for because nowadays
one has to have a degree to get a
comfortable job and I don't have it.
-3-
inconsequential."3
He
concluded
that
"in
terms
of
"at no
found
evidence
no
summation,
the
time is
ME
of
objective
testified
abnormal."
neurological
that
With
ME testified that
characterized as
"[he
pain.
didn't]
her
her
He
In
see
the
job that
identified claimant's
former work
semi-skilled.
VE which assumed
hours
in
the
same
period;
as a
sewing
sit
lift
ten
pounds
could not
operator,
do her
because it
past
work as
required her
movements;
to
a sewing
sit all
machine
day and
to
____________________
3. The ME testified that "superficial phlebitis is an
inflammation of the superficial veins in the legs and the
varicose veins, as we commonly know them are the ones seen
through the skins, they sometimes swell get reddish and could
be very painful, but besides being temporarily uncomfortable,
it is not a condition that's considered serious."
4. The hypothetical also assumed that claimant was somewhat
limited in her ability to work at unprotected heights, around
operating machinery, or in an environment where she would be
exposed to extreme changes in temperature.
-4-
alternate
jobs, the VE
position at
will.
The
testified that
change her
claimant
The ALJ
status post
phlebitis,
demands.5
sinusitis are
effect of
severe.
unable to perform
concluded
capacity
the combined
claimant is
ALJ
found that
to
that
perform within
The
allegations of
AlJ
has
He also
the
sedentary
further
left leg
left superficial
claimant
to light work.
found that
However, the
residual functional
to light
concluded
claimant's
exertional
that
claimant's
do not
disable her
Finally, the
ALJ
expert
The
to
the
that
where a
evidence.
magistrate-judge concluded
was supported
by substantial
and recommendation.
The
medical
report, and we
record
knee.
the
ALJ's
here.
In
doctors at
her left
complaints.
but
in
is well-summarized
osteoarthritis.
medication
At the time of
discharge,
and her
thrombophlebitis.
She
underwent
was diagnosed
continued to be
as
seen by
left leg.
physician,
Dr.
questionnaire completed
Justimo
Betancourt,
on
by her
March
personal
23,
1990,
on her left
leg,
that
-6-
claimant
had a history
of maxillary sinusitis
Cestero, on
claimant complained of
pain and
Laboratory
a back x-ray
sacral
spine at
indicated minimal
L5-S1.
120 ).
The
narrowing of
100
diagnosis
the lumbo
limitation in
status
post
left
similar to those
also noted
28,
1990, an
straightening
x-ray
of
1990, although he
cervical
On September
spine
showed
levoscoliosis.
DISCUSSION
On
First, claimant
argues that
her
subjective
claimant
complaints
contends
that
to give proper
consideration to
of
pain.
the
disabling
ALJ's
Second,
conclusions
about
her
-7-
With
to properly
that
although
it
was
of subjective pain,
considered
and
rejected
we note
by
the
a party
may not
It is well-settled in
obtain appellate
this circuit
review of
an issue
636(b).
of the
Services,
848 F.2d
271,
273
(1st Cir.
1988)
(per
_______________
curiam); Park Motor Mart, Inc.
______________________
603, 605 (1st Cir. 1980).
We
would
activities,
frequency
guidelines set
Services,
________
duration
we were to
restrictions,
of
out in Avery
_____
797 F.2d
lack of medical
616 F.2d
functional
and
pain
in
medication,
conformity
and
with
the
19 (1st Cir.
1986).6
evidence to suggest
In light
of the
an objective basis
for
____________________
6. Although more thorough
questioning at the
hearing
regarding claimant's
daily activities would
have been
preferable, the
record included a
questionnaire which
elicited this information from her. Claimant stated that she
spent most of the time lying down, but also stated that she
cooked occasionally and that she visited close relatives.
-8-
disabling
Human Services, 803 F.2d 24, 26 (1st Cir. 1986) (per curiam),
______________
and
to conclude
that
her
pain did
not
disable her
from
See
___
ALJ's
finding
that
claimant
has
the
residual
problematic, though we
supported by substantial
held that an
evidence.
also
precluded
It is true
stated,
from
See
___
however,
rendering
it is
that we have
the
Secretary
common-sense
judgments
on medical findings."
We
is
not
about
Gordils v.
_______
Secretary of Health & Human Services, 921 F.2d 327, 329 (1st
_____________________________________
Cir. 1990) (per curiam).
Here,
there
affect
ability to
See
We
First,
"relatively mild"
do work.
residual
a determination that
no
is
Santiago v.
that would
Secretary of
___
________
____________
-9-
Second,
bolstered by the
isn't
the
F.2d 1
(1st Cir.
ALJ's "common-sense
testimony of a
1991) (per
judgment"
was
"there
mentioned, and
Finally,
disabling pain,
which we have
should try
to
repetitive foot
claimant's allegations
of
entitled to
The hypothetical
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