Duguay v. Barnhart

• Court: Court of Appeals for the First Circuit
• Decided: March 3, 2006
• Docket: 05-1563
• Status: Published

Opinion

Not For Publication in West's Federal Reporter Citation Limited Pursuant to 1st Cir. Loc. R. 32.3

United States Court of Appeals For the First Circuit

No. 05-1563

KELLY DUGUAY,

Plaintiff, Appellant,

v.

JOANNE B. BARNHART, COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Paul J. Barbadoro, U.S. District Judge]

Before

Lynch, Circuit Judge, Campbell, Senior Circuit Judge, and Lipez, Circuit Judge.

Sarah H. Bohr and Bohr & Harrington, LLC and Raymond J. Kelly on brief for appellant. Thomas P. Colantuono, United States Attorney, David L. Broderick, Assistant U.S. Attorney, and Michael E. Kerpan, Jr., Assistant Regional Counsel, on brief for appellee.

March 3, 2006 Per Curiam. After carefully considering the record and briefs

on appeal, we affirm the Commissioner’s decision.

The appellant fails to show that the decision rested upon an

error of law or insufficient evidence. Manso-Pizarro v. Sec’y of

Health & Human Serv., 76 F.3d 15 (1st Cir. 1996). The medical

record showed improvements in pain and mobility after surgery. The

ALJ acknowledged that the appellant remained severely impaired and

in moderate pain, but found that her limitations could be

accommodated by a sit/stand option and other restrictions. The

appellant mentions no contrary medical opinion for the relevant

period. She does not establish that the findings were not

supported by substantial evidence. Perez v. Sec’y Health & Human

Serv., 958 F.2d 445 (1st Cir. 1991).

Affirmed. 1st Cir. R. 27(c).

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