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  • Alicea v. Social Security, 1st Cir. (1998)

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    The US Court of Appeals for the 1st Circuit affirmed the district court's decision to uphold the Social Security Administration's denial of disability benefits to the plaintiff. In a brief opinion, the appellate court agreed with the district court that the credibility issue raised by the plaintiff regarding worsening of his condition was adequately addressed. The appeals council's finding that the medical evidence did not demonstrate clinical or laboratory findings of worsening was also affirmed, as the court found the plaintiff's evidence of increased medications and doctor visits did not necessarily contradict that finding.

    Original Description:

    Filed: 1998-02-04 Precedential Status: Precedential Docket: 97-2135

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    The US Court of Appeals for the 1st Circuit affirmed the district court's decision to uphold the Social Security Administration's denial of disability benefits to the plaintiff. In a brief opinion, the appellate court agreed with the district court that the credibility issue raised by the plaintiff regarding worsening of his condition was adequately addressed. The appeals council's finding that the medical evidence did not demonstrate clinical or laboratory findings of worsening was also affirmed, as the court found the plaintiff's evidence of increased medications and doctor visits did not necessarily contradict that finding.

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    Public Domain
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    6 views6 pages

    Alicea v. Social Security, 1st Cir. (1998)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the 1st Circuit affirmed the district court's decision to uphold the Social Security Administration's denial of disability benefits to the plaintiff. In a brief opinion, the appellate court agreed with the district court that the credibility issue raised by the plaintiff regarding worsening of his condition was adequately addressed. The appeals council's finding that the medical evidence did not demonstrate clinical or laboratory findings of worsening was also affirmed, as the court found the plaintiff's evidence of increased medications and doctor visits did not necessarily contradict that finding.

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    USCA1 Opinion

    [NOT FOR PUBLICATION]

    UNITED STATES COURT OF APPEALS


    FOR THE FIRST CIRCUIT
    ____________________

    No. 97-2135

    ROQUE A. ALICEA,

    Plaintiff, Appellant,

    v.

    COMMISSIONER OF SOCIAL SECURITY,

    Defendant, Appellee.

    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF PUERTO RICO

    [Hon. Jose Antonio Fuste, U.S. District Judge]


    ___________________

    ____________________

    Before

    Boudin, Stahl and Lynch,


    Circuit Judges.
    ______________

    ____________________

    Fabio A. Roman-Garcia on brief for appellant.


    _____________________
    Guillermo Gil,
    ______________
    Assistant

    United States

    United States

    Attorney,

    Attorney,
    and

    Lilliam Mendoza-Tor
    ____________________

    Wayne G. Lewis,
    ________________

    Assist

    Regional

    Counsel,

    Social

    Security

    Administration,

    on

    brief

    appellee.

    ____________________

    FEBRUARY 4, 1997
    ____________________

    Per Curiam.
    __________

    Upon careful review of the

    record and the

    briefs, we conclude that the credibility issue raised in this

    appeal

    was

    district

    substantially

    court's Opinion

    Accordingly, we

    affirm

    and

    correctly

    and Order,

    the

    addressed by

    dated

    July 31,

    for

    essentially

    judgment

    the

    1997.

    the

    reasons stated in that Opinion and Order.

    We add only

    in the appeals

    this comment.

    We find

    council's finding that "the

    does not indicate

    the

    medications

    medical evidence

    clinical or laboratory findings

    worsening of [claimant's] condition."

    argument,

    no reversible error

    additional

    evidence

    showing a

    Contrary to claimant's

    about

    his

    increasing

    and doctor visits did not necessarily contradict

    that finding.

    Affirmed.
    ________

    See 1st Cir. Loc. R. 27.1.


    ___

    -2-

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