Garcia v. Commissioner of SSI

Opinion

[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 99-1495

VICTOR GARCIA,

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

Selya, Boudin and Lynch, Circuit Judges.

Melba N. Rivera Camacho & Assoc. and Melba N. Rivera-Camacho on brief for appellant. Guillermo Gil, United States Attorney, Lilliam Mendoza-Torro, Assistant U.S. Attorney, and Wayne G. Lewis, Assistant Regional Counsel, Social Security Administration, on brief for appellee.

December 29, 1999

Per Curiam. After carefully reviewing the briefs and the administrative record, we affirm the decision of the Commissioner of Social Security that claimant Victor Garcia was not entitled to Social Security disability benefits. We do so essentially for the reasons stated in the district court's Opinion and Order, dated January 29, 1999. The only comment we add is that this is a case in which there are conflicting medical reports in the record and we cannot say that the Commissioner's decision not to credit the reports of claimant's treating physicians was unreasonable. See Rodriguez Pagan v. Secretary of Health and Human Services, 819 F.2d 1, 3 (1st Cir. 1987) (per curiam). As almost always is the case, such conflicts are for the Commissioner, not the courts. Rodriguez v. Secretary of Health and Human Services, 647 F.2d 218, 222 (1st Cir. 1981). Affirmed.