Professional Documents
Culture Documents
Patilla v. Shalala, 1st Cir. (1994)
Patilla v. Shalala, 1st Cir. (1994)
Patilla v. Shalala, 1st Cir. (1994)
No. 93-2288
ELIZABETH PATILLA,
Plaintiff, Appellant,
v.
DONNA E. SHALALA, SECRETARY OF HEALTH & HUMAN SERVICES,
Defendant, Appellee.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge]
___________________
___________________
Before
Breyer, Chief Judge,
___________
Boudin and Stahl, Circuit Judges.
______________
___________________
Sandra L. Smales on brief for appellant.
________________
Donald K. Stern, United States Attorney,
Charlene Stawicki,
_______________
_________________
Special Assistant United States Attorney, and Robert M. Peckrill,
__________________
Assistant Regional Counsel, Department
of Health &
Human
Services, on brief for appellee.
__________________
__________________
Per Curiam.
___________
from
Claimant
Elizabeth
Patilla appeals
Secretary
of Health
and
denying
her claim
Patilla
claimed disability
right hand
concluded that
was last
(the
"Secretary")
disability benefits.
stemming from
Human Services
an injury
to her
The Administrative
as of June
30, 1983,
the
from "episodic
or in combination,
___
Pt. 404, subpt. P, App. 1.
The
witness
"insofar
considered."
perform
found
did not
find
as
disabling
that "the
relevant work
claimant
to perform
unskilled
work
decision."
the
experience,
at
of
pain
is
of
the ALJ
residual functional
light and
pertinent
sedentary
to
this
of jobs
could perform.
a credible
salad maker,
all times
as
her
Patilla
as a
retained the
as well
number
extent
be
full range
activity
Taking into
significant
Patilla to
Although concluding
her past
capacity
work
ALJ
in
medical impairments
and
national economy
that
-2-
Based
upon
our
careful
review of
the
parties'
We affirm the
district
the standards
for evaluating
pain
set forth
a non-exertional
and in failing
limitation on
in
Second, she
her depression
her
ability to
conclusions
are
not
supported
by
substantial
evidence.
Complaints of Pain.
__________________
Patilla testified
that
hearing
before the
ALJ
injury.
she
at the
would experience
pain
which felt
like muscle
hand
spasms.
She noted
that some days she would keep her hand in a hot towel all day
or for
-3-
Patilla
said
that
the
pain
concentrate, causing
engaged in
interfered
her to
with
her
ability
she was
to
all of
between
range
of
He
at
concluded that
least light
"she could
unskilled
work
perform a
activity."
failed to follow
forth in Avery
_____
Cir. 1986).
In
supported
description
activities
of
by
objective
the individual's
medical
evidence,
prior
work
"a
full
record, daily
be considered."
relative
Id. at 23.
___
See
___
review of
the record
indicates that
the ALJ
on July
her physical
6,
1992, the
condition
ALJ questioned
and her
At a
Patilla
daily activities
testified
in
that
-4-
She
also able
to write and
eat with
her right
record,
ALJ questioned
including two
cafeteria
Patilla about
unsuccessful
attempts
her
prior work
to return
to
things."
Patilla testified
tried to use her right hand, it would "start shaking and then
it goes
stated that
She
hand because it
At the
hearing, Patilla's
attorney elicited
a full
description of
questioning the
vocational
expert
about
the
limitations,
testified
economy there is
a range of
____________________
1.
Later in the hearing, Patilla testified that
condition was about the same in 1992 as in 1983.
her
-5-
jobs
could be performed by
a person with
"mild to moderate
impairment to concentration."
The record
that
Avery.
_____
the
ALJ failed
conform with
claimant's contention
the
requirements of
subjective complaints of
pain
to
ability
the extent
he found
her to
have
a reduced
concentration.
did
that
not
The
render her
disabled
wrote
in
Dr.
is
supported by
pain
substantial
October,
1983,
that
Patilla
had
Dr. Upton,
examining physician,
Security Administration
experienced
pain
in
her hand
that
in
reported to
although
the
In July,
past,
According
Patilla
had
she was
not
to
own
her
the
Her
of her inability to hold onto things with her right hand, not
because of disabling pain.
the ALJ
who observed
his demeanor,
and considered how that testimony fit in with the rest of the
-6-
evidence
is entitled
to deference,
. .
."
Frustaglia v.
__________
Secretary of Health & Human Services, 829 F.2d 192, 195 (1st
_____________________________________
Cir.
1987).
Therefore, the
ALJ did
not err
in rejecting
ALJ
"intermittent
impairment.
found
that
depression,"
in
Patilla
addition
to
her
from
physical
episodic only."
Therefore,
suffered
as
limitations.
unsupported
by
Patilla
challenges
these
substantial
evidence.
We
disagree.
The ALJ accurately summarized the
regarding
Quentin R.
Clinic at
Patilla's
fulfill
concentrate
In November,
reported to him
to
depression.
medical evidence
any responsibilities."
"revealed
gross
Dr.
1982,
that Patilla
A test
impairment."
of
ability to
Dr.
Regestine
There
is no
other
evidence in
the
record of
-7-
Patilla
Regestine
inability to get
out of
bed.
The
notes suggest,
however,
stopped taking
result of constipation.
The
In
was
"neat,
conversational,
psychomotor retardation."
He
the city."
Patilla
concluded that
able to "negotiate
protriptylene.
In
The report
and that the
"mild
was taking
with
informative"
with her
He noted that
she
Guidelines, the
of this record"
not disabled.
record as a whole.
supported a finding
This conclusion is
that
supported by
"to a marked or to
-8-
"gross impairment" of
performed"
In 1986, a
and
Dr.
Peter
this
otherwise
There is
Rosenberger,
an
examining
neurologically
intact
and
normally
Indeed,
769 (1st
Patilla's
mental
1991).
impairment
The
ALJ's determination
did
not
interfere
with
that
her
-9-