Kelly v. Barnhart

First Circuit

Kelly v. Barnhart

123 F. App'x 412

CourtCourt of Appeals for the First Circuit

DecidedMarch 22, 2005

Docket04-1707

StatusPublished

This text of 123 F. App'x 412 (Kelly v. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kelly v. Barnhart, 123 F. App'x 412 (1st Cir. 2005).

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Opinion

PER CURIAM.

After carefully considering the briefs and record on appeal, we affirm, for substantially the reasons stated in the magistrate’s report and adopted by the district court. Among other problems, the appellant made no showing of documented, severe mental impairment. Substantial evidence supported the determination that his mental capacity was not significantly limited. Rodriguez v. Sec’y of Health & Human Servs., 647 F.2d 218 (1st Cir.1981). He also made no showing that the record cast doubt on his ability to perform light work. An ALJ may render “commonsense judgments about functional capacity.” Gordils v. Sec’y of Health & Human Serv., 921 F.2d 327, 329 (1st Cir.1990).

Finally, the appellant failed to preserve the issue of the ALJ’s duty to develop the record. Passing allusion to the issue does not suffice. Keating v. Sec’y of Health & Human Serv., 848 F.2d 271 (1st Cir.1988).

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

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PER CURIAM.

After carefully considering the briefs and record on appeal, we affirm, for substantially the reasons stated in the magistrate’s report and adopted by the district court. Among other problems, the appellant made no showing of documented, severe mental impairment. Substantial evidence supported the determination that his mental capacity was not significantly limited. Rodriguez v. Sec’y of Health & Human Servs., 647 F.2d 218 (1st Cir.1981). He also made no showing that the record cast doubt on his ability to perform light work. An ALJ may render “commonsense judgments about functional capacity.” Gordils v. Sec’y of Health & Human Serv., 921 F.2d 327, 329 (1st Cir.1990).

Finally, the appellant failed to preserve the issue of the ALJ’s duty to develop the record. Passing allusion to the issue does not suffice. Keating v. Sec’y of Health & Human Serv., 848 F.2d 271 (1st Cir.1988).

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

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