Professional Documents
Culture Documents
Delgado v. SHHS, 1st Cir. (1994)
Delgado v. SHHS, 1st Cir. (1994)
____________________
No. 94-1609
JAIME DELGADO,
Plaintiff, Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Carmen C. Cerezo, U.S. District Judge]
___________________
____________________
Before
Cyr, Circuit Judge,
_____________
____________________
Per Curiam.
__________
appeals
from
Secretary
of
Health
application for
and
disability
Human
Services
insurance
denying
his
For
the
benefits.
the case.
I.
Delgado
was
approximately
write.
born
three
on
June
years of
13,
school,
at La Estrella
1944.
but
He
completed
cannot read
or
jobs of
owner
died
of
the
Thereafter,
bakery
and
the
bakery
shut
down.
was dismissed because his "[right] foot got swollen, and [he]
missed
work . .
alleges
. "
disability
He
onset
date
of
30,
1986.
benefits
alleging that
he is
disabled due
injury.
In a subsequently filed
to a
right leg
leg swells
when he stands up
He complained
-3-
time.
He
also complained
he has experienced
Social
Security
Administration
denied
reconsideration.
Delgado's
On October 5,
24, 1990,
disabled.
remanded
second
Delgado and
the ALJ
The Appeals
the case
hearing,
testimony of a
testified.
determined that
Delgado
On
is not
to the
held
a medical expert
on
ALJ for
further proceedings.
October 22,
vocational expert.
1991,
Delgado
included
A
the
was represented
On February
9, 1984,
undisplaced
spiral
treated at El Buen
Insurance
Fund.
Delgado slipped
fracture in
his
of motion.
at work, suffered
right
ankle, and
from
the Fund
disclose
an
was
the State
that on
ankle.
middle-aged
The examination
man,
in
no
revealed a well-oriented,
acute
distress,
and
without
by
Dr. Paul
significant edema.
-4-
On
Kindy, a
November
13, 1989,
Delgado
consultative orthopedic
Delgado complained of
was seen
physician.
He
a full
ability
normal
revealed some
loss of
motion and
to squat, however,
diagnosed a crush
the right
ankle.
Both knees
good strength.
Delgado's
was limited to
right hand.
motion in
range of
noted that
fifty percent of
right hand
with
with partial
loss of
motion and
weakness; and
he
as
lies down.
day, he
pain.
to the
park,
he
up to one-
and a half.
talks to
During
neighbors,
and
____________________
1. The record also contains two assessments of Delgado's
residual functional capacity
prepared by
non-examining
medical consultants.
These consultants
concluded that
Delgado has manipulative and postural limitations, but can
lift or carry fifty pounds occasionally and twenty-five
pounds frequently, can stand or walk about six hours in a
workday, and can sit about six hours in a workday.
-5-
watches
television
testified
windows
that
or
or
listens
he sometimes
weeding, but
does
that he
to
the
chores
is
radio.
such as
bothered by
Delgado
washing
pain and
The medical
The ME
activities, such
as
perform fine
jewelry work.
Based
on
that Delgado
twenty pounds.
The
is
limited to
ME also
lifting or
observed that
carrying
the medications
light to
moderate pain.
The Vocational Expert (VE) identified various jobs which
Delgado could
industries,
perform
clothing
inspector, bottle
the
in the
VE, these
washer, and
jobs
are light
or
at will.
moderate pain
The VE
also
pharmaceutical
box assembler.
and
According to
sedentary work,
do
not
mild
to
Delgado's ability to
-6-
that Delgado's
he is unable to
perform his
past
concluded
Delgado has
work.
However,
the ALJ
to perform the
motion of
the right
hand
or wrist.
that
limitation
The ALJ
further
on
the
testimony
of
vocational
expert
and
he can perform.
The Appeals Council denied review on September 23, 1992.
Delgado appealed to the district court and requested a remand
to the Secretary for
42 U.S.C.
district
of
405(g).
no disability,
Dr.
February
diagnosed as
Jose Castro-Rodriguez,
anti-inflammatory
treated Delgado
also
Delgado was
rheumatoid arthritis
feet.
Dr. Roberto
suffering from
who saw
drugs.
employed drug
pursuant to
Delgado between
who
September 9, 1992,
noted poor
response.
On
September
surgeon,
23,
1992,
Delgado
was
seen
by
an
orthopedic
In a letter dated
-7-
November
12,
1992,
Delgado's knees,
intervention.
Delgado was
Dr.
hips,
Dr.
Bibiloni-Rodriguez
and right
ankle
required
Bibiloni-Rodriguez
totally disabled.
reported
also
that
surgical
opined
Hospital records,
that
as well as
knee replacement on
or about
1993, Delgado
November 9,
1992.
underwent
right total
On
knee
replacement.
The
district court
affirmed the
Secretary's decision.
Secretary failed
ordering tests
two arguments.
to
First,
adequately develop
he contends that
the record
the cause of
by
his knee
complaints.
Second,
in failing to remand
evidence.
Because
are
persuaded
that
proffered new
a
remand
was
time order
additional evidence to
be taken
before the
is material
failure to
and
that there
incorporate such
is
good cause
evidence into
for
the record in
the
a
-8-
prior
proceeding . . . "
appropriate
405(g).
A remand is
is necessary
to develop
42 U.S.C.
Evangelista v. Secretary of
___________
_____________
Cir. 1987).
proposed
new
evidence
to be
considered,
the
Secretary's
Id. at 140
__
before him
evidence
rheumatoid arthritis,
surgical intervention.
requirement is
that Delgado
We also
met because
was suffering
condition required
"good cause"
unavailable to
from
See Wilson
___ ______
The diagnosis of
extent
time
the
ALJ made
his
determination.
-9-
See Lisa
___ ____
v.
Secretary of Health & Human Services, 940 F.2d 40, 44-45 (2d
_____________________________________
Cir.
1991)
(evidence
fibromyalgia, a
suggested
severe
that
claimant
suffered
from
material because
it
than
previously
diagnosed).
Most
notably,
of "terrible"
this complaint
was not
pain.
among other
evidence
may
alter this
Sullivan, 961
________
F.2d
result, which
showed that
material because
claimant's
F.2d 954,
1395, 1397
(8th
it provided
955-56 (4th
was
Cir. 1992)
objective medical
Borders v.
_______
claimant's
condition
See Geigle
___ ______
(MRI
subjective complaints);
operation on
back
conclusion.
back relevant
disabling,
as well
The
v.
test
disc, was
support for
Heckler, 777
_______
of post-hearing
to question
as
that
whether
supportive
of
the Secretary to
opportunity to reassess
Delgado's
district
application.
court is
Accordingly,
vacated
and
the
the
judgment of
case remanded
to
the
the
-10-
consistent with
this