Professional Documents
Culture Documents
Sosa v. SHHS, 1st Cir. (1995)
Sosa v. SHHS, 1st Cir. (1995)
____________________
No. 94-1618
MILAGROS SOSA,
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. Hector M. Laffitte, U.S. District Judge]
___________________
____________________
Before
Selya, Circuit Judge,
______________
Campbell, Senior Circuit Judge, and
____________________
Boudin, Circuit Judge.
_____________
____________________
Per Curiam.
___________
district
court
Secretary
of
application
Milagros
Sosa
judgment
affirming
the
Human
Services
Health
for
outlined below
and
disability
(claimant)
benefits.
(and enumerated
magistrate-judge's report), we
at
appeals from
decision
For
to
the
greater length
of
the
deny
her
reasons
in
the
a bank
teller and
she has
loan
was
December
that
date due to
(1) vascular
nervous
depression.
administrative
condition,
extended
of the back;
Following
law judge
while
(ALJ) found
restricting
her
(2) painful
(3) vertigo;
and
the
that
ability
hearing,
claimant's leg
to
precluding a return
stand
to her past
significantly
Grid,
her
compromised.
see 20 C.F.R.
___
In
remaining ailments
for
Applying Rule
201.29
P, App. 2,
of the
the ALJ
more
specifically, that
it was
error not
to hear
from a
vocational expert.
We disagree.
work.1
Claimant
Both
episodes were
days.
insufficiency with
with
the
of
successfully treated
has
recurrent
a post-phlebitic
use
the midst of
Otherwise, she
elastic
suffered
over a
edema3 and
have
period of
from chronic
pain
syndrome)--for which
socks
1987
been
venous
(consistent
medication and
prescribed.
The
activity,
identifying
as an inability
to stand
her
was capable
only
or walk
of
functional
for extended
For example, a
Garcia) in
August
or toes
____________________
1. Sedentary work involves lifting no more than ten pounds
at a time and "occasional" walking and standing. 20 C.F.R.
404.1567(a).
2. Thrombophlebitis is the inflammation of a vein associated
with blood clot formation.
3. Venous insufficiency involves the inadequate drainage of
venous blood.
Edema is the accumulation of excessive fluid
in cells or tissues.
-3-
as
being
within normal
months after
limits.
In December
non-examining
physician (Dr.
1988, three
thrombophlebitis, a
Arzola) completed
a residual
regard.
And
in October
1989, a vascular
surgeon
no other
indications
complications.
in the
Notwithstanding
record,4 such
evidence
legs
the contrary
provides ample
warranted in finding
were minimal.
the
found
ALJ
that
capable of producing
the
As to
claimant
suffered
received
state disability.
and was
from
impairments
proceeded to
discount
back sprain in
physical therapy
claimant's remaining
claimant experienced a
that
awarded a
she
five percent
Raising of the
but
____________________
4. Most notable among these was the evaluation of one
treating physician (Dr. Quinones Soto), who in December 1987
recommended bed rest for six months and, in April 1988,
reported that claimant was totally disabled.
He stopped
treating claimant in December 1987, however, giving way to
Dr. Munoz. As mentioned, the latter described a more benign
condition.
-4-
physical
therapist (Dr.
fibromyositis.
Oms)
Similarly,
reported
in August
an
impression
1988, a
Valle) diagnosed a
neurologist
painful syndrome
arm
reflexes
That
was
raised.
and sensibility
same month,
lumbar regions,
extremities.
basis of
On
were
all within
Nonetheless,
of motion in
along with
the basis
his questioning
of
muscle
normal
the
limits.
Scarano Garcia)
the cervical,
thoracic
evidence, and
claimant in
in
strength,
of such
of
accordance
in all
on the
with
the
ALJ
was
justifiably
effectively
that
most
of
her
pain
any residual
right arm
concluded
would have
And
to raise her
little bearing on
her
middle
of her
second
pregnancy.
hospitalization
vomiting),
was
she
neurologist
neurological
were
found
(Dr.
treated
Scarano
normal except
for a
the
Garcia).
next
month
Results
a brain
mild head
More
a brief
as for pregnancy-related
over
testing, including
Following
during
by
of extensive
scan and
tremor; no
an EEG,
cause was
after August 9,
-5-
1988.
made any
further
complaints
personnel--apart from
in
this
regard
allegations voiced to
to
medical
a psychiatrist
in January 1990.
was warranted in
regarding
substantial
evidence
supports
the
of minimal
of thirteen.
ALJ's
therefrom
a condition
to
psychiatrist (Dr.
1989,
shortly
her
capable
within the
delivered
her
that claimant
normal
needs
without
interpersonal
January
child,
disorder.
In
her son,
supervision, and
relationships.
of others, attended
Bocanegra).
second
cared for
she
physicians.
claimant in
own personal
of
her treating
who examined
he reported
performed some
to
Toro)
before
diagnosed only a
particular,
any of
It
was
was
second psychiatrist
conclusions.
We
likewise
conclude
was warranted in
that
it
was
As explained,
the
impairments
perform
the
had
only a
full range
minimal impact
of
sedentary
on her
work.
ability to
Under
such
was
appropriate.
See,
___
e.g.,
____
Heggarty
________
v.
Sullivan, 947 F.2d 990, 995-96 (1st Cir. 1991) (per curiam);
________
Ortiz v. Secretary of HHS, 890 F.2d
_____
_________________
1989) (per curiam).
Affirmed.
_________
Cir.
-7-