Professional Documents
Culture Documents
Per Curiam.
___________
district
court
Claimant
judgment that
Wayne
affirmed
Carter
a
appeals
decision of
a
the
Social Security
Income
(SSI)
disabled
benefits.
June 1990
and
Carter
as a
Supplemental
claimed that
result of
Security
he
became
a right
leg injury
much."
in
disability
semi-skilled
light
work
to
unskilled
heavy
work.
at
decision
which ruled
not disabled
at step
See Goodermote v.
___ __________
1982).
The ALJ
the
work.
However, he also
him
found that
full range
of sedentary
work.
The
ALJ also
he physically could
do the sedentary
that
work that
the ALJ had described, the ALJ applied the Grid, Rules 201.25
(younger
individual, limited
semi-skilled
work
history
or less education,
where
the
skills
skilled or
were
not
The
district court
issued a
parties contentions
on appeal.
We
agreement with
We
the
add
only
contention
testimony
that
following
the
is not supported by
relied
heavily on
Dr.
by
that his
severe
find
ourselves in
remarks.
ALJ erred
in concluding
and order
First,
relying
solely on
mental impairment
the record.
his
is not
Sorrentino's report,
which did
vocational restrictions
mental condition.
Carter's
In fact,
not
associated
Dr. Sorrentino's
in
tasks,"
which
are wholly
Second, we
testimony,
which
curtailed
his
limitations.
relationship
consistent
work activities.
with
with
indicated
alcohol
the
Carter's
Such
that
and
See 20 C.F.R.
___
Carter
cocaine
had
in
substance
and
-3-
to
404.
on Carter's
considerably
consumption,
numerous conflicts
abuse
authority
an ability
supportable given
concerning
good
the
was
evidence
educational
judgments are
for
the Secretary
guessed.
to
See, e.g.
___ ____
Services, 955
________
resolve and
are
not to
Cir. 1987).
failure
to
Technique
cite
Form
Third,
have a
(PRTF)
where
this
829 F.2d
harm
Musika's
192, 195
from the
ALJ's
Psychiatric
consultant
non-severe.
Sorrentino's diagnosis
developmental reading
illiterate, there
range of
see no
Frustaglia v.
__________
Review
also
rated
Carter's claim
that
limitations also
that Dr.
we
consultant
second-
be
disorder.
are sufficient
work available
Subpart P, Appendix 2,
to him,
201.00(h).
that Carter
Even if
jobs within
see
___
may
Carter is
the sedentary
20 C.F.R.
In addition to
Part 404,
the Grid
not
Finally, it
disabled.1
is clear
a finding of
that Carter
did not
he
____________________
1. Carter also argues that the ALJ erred by failing to have
the vocational expert testify about the impact that his
alcoholism, personality disorder, and learning disability had
on his ability to meet the mental/emotional demands of
competitive employment. While it is generally preferable for
an ALJ to take vocational evidence, see, e.g., Ortiz v.
___
____ _____
Secretary of Health and Human Services, 890 F.2d 520, 528
________________________________________
(1st Cir. 1989)("an ALJ should typically err on the side of
taking vocational evidence"), on this record application of
the Grid alone was supportable.
-4-
now
says
impairment.
were
essential to
an
evaluation
of his
mental
ample opportunity
to the Secretary,
-5-