Maldonado v. SHHS
This text of Maldonado v. SHHS (Maldonado v. SHHS) 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.
Bluebook
Maldonado v. SHHS, (1st Cir. 1992).
Opinion
USCA1 Opinion
August 18, 1992
[NOT FOR PUBLICATION]
___________________
No. 91-2300
LYDIA E. MALDONADO,
Plaintiff, Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jaime Pieras, Jr., U.S. District Judge]
___________________
___________________
Before
Breyer, Chief Judge,
___________
Selya and Cyr, Circuit Judges.
______________
___________________
Nestor Juan Rodriguez on brief for appellant.
_____________________
Daniel F. Lopez Romo, United States Attorney, Jose Vazquez
_____________________ ____________
Garcia, Assistant United States Attorney, and Robert M. Peckrill,
______ __________________
Assistant Regional Counsel, Department of Health and Human
Services, on brief for appellee.
__________________
__________________
Per Curiam. Lydia Maldonado (claimant) appeals from a
__________
district court judgment affirming the decision of the Secretary
of Health and Human Services denying her application for
disability benefits. For the reasons discussed below, we vacate
the judgment of the district court and remand with instructions
to enter an order remanding this case to the Secretary for
further proceedings consistent with this opinion.
I.
Claimant applied for benefits on July 13, 1987, when she was
48 years old. She had been employed for thirty years as a sewing
machine operator for the Maidenform company. (Tr. 109). She has
a sixth grade education and cannot communicate in English.
Claimant's initial application alleged that she was disabled by
circulatory problems in both legs and rheumatoid arthritis. She
stopped working on October 31, 1986, the alleged date of onset of
her disability.1 Claimant's insured status expired on December
31, 1991.
Between October 1986 and December 1987, claimant was treated
as an outpatient for numerous complaints, including
peripherovascular insufficiency, gout, arthritis, and herpes
zoster. She also underwent minor surgery for the removal of
sebaceous cysts on her eyelids. Claimant complained of general
bone pain and pain in both legs throughout this period.
____________________
1 In explaining how her condition kept her from working,
claimant stated, "[t]he place I worked was close[d]. I can't
find a job since I can't be standing or walking due to swollen
(sic) and pain in both legs. I have pain in all my joints."
(Tr. 105).
Occasional references to pain in her right foot are also noted.
(Tr. 159-61, 197). She was treated with numerous medications
including Naprosyn (for gout), Vasodilan and Persantine (for
circulation). She applied for disability benefits on July 13,
1987. At that time, the Social Security Administration's (SSA)
interviewer observed no limitations of movement, swelling or
deformities. (Tr. 112).
Dr. Roberto Jimenez, a vascular surgeon, evaluated claimant
for the SSA on August 10, 1987. Claimant related a history of
cramps, numbness and occasional uncontrollable drooling. He
observed fullness in her lower legs without pitting pretibial
edema. Her skin was normal. Dr. Jimenez found bilateral
varicose veins which were worse in claimant's right leg. He did
not assess how this condition might affect claimant's functional
capacity to work.
Claimant was treated for gout and right foot pain again in
September 1987.2 Her initial application was denied on
September 15, 1987. (Tr. 89-90). Claimant filed a request for
reconsideration and secured treatment from Dr. Alberto Abreu
Rivera, a neurosurgeon, between September and November 1987.3
She complained of leg cramps and polyarthralgias (simultaneous
inflammation of several joints). Dr. Abreu found mild swelling
____________________
2An October 1987 x-ray of claimant's right foot disclosed no
abnormalities.
3Claimant's reconsideration disability report alleged high
cholesterol and gout as additional limiting impairments. (Tr.
113). The SSA interviewer observed swelling in claimant's face,
arms and hands, and that she exhibited difficulty grasping a pen
and moving about. (Tr. 117-18). In contrast to her initial
application disability report (which described claimant as "of
normal weight" (Tr. 112)), claimant's reconsideration disability
report described claimant as "relatively obese." (Tr. 117).
-3-
in claimant's left knee, unquantified loss of motion in
claimant's lower back, and straight leg raising limited to 45
degrees bilaterally. He diagnosed osteoarthritis, chronic back
pain and anxiety-depressive syndrome and prescribed more
medications. Dr. Abreu specifically noted that claimant did not
need any assistive devices. (Tr. 185). Claimant appeared
improved in October 1987, but less than a month later, Dr. Abreu
concluded that her final prognosis was poor.
In December 1987 claimant underwent a venogram of her right
leg which revealed patency of her deep venous system. Although
no obstructions were noted, a medical consultant recommended that
claimant not remain standing for long periods. (Tr. 193, 200,
204). Claimant was seen at the Ponce District Hospital in early
1988. Edema of her right leg was noted. (Tr. 192). She
continued to be treated with medications including Motrin (for
inflammation) and Persantine.
On April 12, 1988, a hearing was held before an
administrative law judge (ALJ), who observed ample swelling in
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Bienvenido Arocho v. Secretary of Health and Human Services
670 F.2d 374 (First Circuit, 1982)
Billy WHITMORE, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee
785 F.2d 262 (Eighth Circuit, 1986)
Raymond R. DA ROSA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
803 F.2d 24 (First Circuit, 1986)
unempl.ins.rep. Cch 17,623 Jose Arce Crespo v. Secretary of Health and Human Services
831 F.2d 1 (First Circuit, 1987)
Irene M. COOPER, Plaintiff-Appellant, v. Louis M. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee
880 F.2d 1152 (Ninth Circuit, 1989)
Cite This Page — Counsel Stack
Bluebook (online)
Maldonado v. SHHS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldonado-v-shhs-ca1-1992.