USCA1 Opinion

April 23, 1996

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

____________________

No. 95-1791

ADRIAN GARCIA-MARTINEZ,

Plaintiff, Appellant,

v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Jaime Pieras, Jr., U.S. District Judge]

___________________

____________________

Before

Torruella, Chief Judge,

___________
Boudin and Stahl, Circuit Judges.
______________

____________________

Raymond Rivera Esteves and Juan A. Hernandez Rivera on brief

______________________
_________________________
appellant.
Guillermo Gil,
______________
Gandara,

Assistant

United States
United

States

Attorney,
Attorney,

Maria Hortensia Ri
____________________
and

Wayne

G.

Lew

_______

______________

Assistant Regional Counsel, Region

I, Social Security Administrati

on brief for appellee.

____________________

____________________

Per Curiam.
___________

Claimant

Adrian

Garcia-Martinez

appeals

from

the

decision of the

claimant

is

benefits.

court

judgment

Secretary of Health and

not

entitled

to

Social

affirming

law

Council's

Security

judge

(ALJ)

did not

in not

physician

remand

order

to

crediting the

that claimant

ALJ's finding that

work was

expert

disability

comply

obtain

opinion of

was

(VE) failed

limitations

on his

to

range

district court's decision, adding the

(3)

the

past medium

the vocational

into consideration

of motion.

evidence

(2) the ALJ

completely disabled;

record; and (4)

take

the

claimant's treating

claimant could return to his

unsupported by the

(1) the

with

more

concerning the existence of a mental impairment;

erred

the

Human Services that

Claimant raises four arguments on appeal:

administrative

Appeals

district

We agree

claimant's

with

the

following points keyed

to claimant's arguments on appeal.

1.

advisor, a

The

ALJ obtained

psychiatrist and

the services

neurologist,

and observed

medical

who reviewed

entire

record

opined

that claimant did not have a mental impairment.

conclusion particularly was

to

the

question

occasions,

why

claimant

he

claimant

of a

at the

hearing.

He

This

supported by claimant's response

had

answered

stopped

that

his

working.

physical

prevented him from continuing with his employment.

referred to

the

any emotional symptoms, much

-2-

On

two

problems

He never

less described how

his mental condition affected his ability

related

activities.

to engage in work-

See Santiago v. Secretary of Health and

___ ________
_______________________

Human Services, 944 F.2d 1, 5-7 (1st Cir. 1991) (per curiam)
_______________

(where the testimony and

to raise

a "meaningful

the evidence did not go

issue" in

regard to

far enough

how claimant's

impairments affected her ability to work, the ALJ had no duty

to

further

develop

the

record

functional capacity assessments).

by

obtaining

residual

2.

weight to

The ALJ

did not err in not

the opinion of claimant's

Martinez, that

giving controlling

treating physician, Dr.

claimant was completely disabled.

conflicting evidence, the

ALJ was not required

the

opinion rather

treating physician's

evidence

of

supporting

the

medical

the latter's

advisor

position.

and

Given the

to accede to

than the

to

other

contrary

evidence

See Rodriguez Pagan v.

___ ________________

Secretary of Health and Human Services, 819 F.2d

________________________________________

1, 3 (1st

Cir. 1987) (per curiam), cert. denied, 484 U.S. 1012 (1988).
____________

3.

assessment

The uncontradicted residual functional capacity

of

the

lifting 30 pounds;

medical advisor

restricted

claimant to

medium work involves the ability

to lift

50

pounds.

claimant

See
___

cannot

20 C.F.R.

perform

404.1567(c).

the

full range
____

However, the vocational expert

could perform

also

medium

work.

not only opined that claimant

his past, medium

listed light jobs that

of

Consequently,

work as a

groundskeeper, he

would be available to claimant.

-3-

Given that claimant can do some medium work, he

be able

to perform

light work.

Id.
___

is deemed to

Thus, the

Secretary

satisfied her burden, at step five of the sequential process,

to

show that

Id.
___

there was other

work claimant

could perform.

404.1520(f).

4.

There

was

conflicting

evidence

concerning

claimant's range of motion (for example, Dr. Stella-Arrillaga

found

no
__

limitations).

claimant's

disregarded

motion.

The

assertion

Thus, there

that

the

no basis

vocational

established limitations

ALJ's decision

is

expert and

on claimant's

must stand.

Secretary of Health and Human Services,

________________________________________

for the

range of

See Rodriguez
___ _________

647 F.2d

ALJ

v.

218, 222

(1st

Cir. 1981)

(conflicts

Secretary to resolve).

Affirmed.
________

in

the

evidence are

for

the

-4-