unempl.ins.rep. Cch 17,623 Jose Arce Crespo v. Secretary of Health and Human Services

831 F.2d 1, 1987 U.S. App. LEXIS 17654
Court of Appeals for the First Circuit·Decided July 7, 1987·No. 86-1527·Published·Cited by 18 cases

Opinion

PER CURIAM.

Claimant Jose Arce Crespo filed an application on April 30,1980 for Social Security disability benefits, alleging a kidney condition, high blood pressure, chest, back and leg pain, a skin condition, headaches, and nerves, with an onset date of December 1, 1977. On September 15, 1978 and February 2,1979, claimant had been denied benefits for some of the same conditions on two prior applications which had both alleged the same December 1, 1977 onset date. The Administrative Law Judge (ALJ) considered the new application for benefits de novo and, in a May 19,1981 decision, found claimant not disabled under the Medical-Vocational Guidelines, 20 C.F.R. Part 404, Appendix 2, Subpart P, Rules 202.10 and 202.-11 (“the grid”), on the ground that claimant retained the residual functional capacity to perform light work. Claimant sought re *3 view in the district court, which remanded to the Secretary. The court held, inter alia, that in view of claimant’s nonexertional impairments, there was a lack of substantial evidence to support the AU’s finding that claimant could perform the full range of light work. The court suggested the taking of additional evidence, such as the testimony of a vocational expert.

On remand, three additional hearings were held, at which the testimony of a vocational expert was received. The AU declined to reopen the denial of benefits on claimant’s two prior applications, but considered all the medical evidence from December 1, 1977, the onset date alleged in all three applications. In essence, therefore, the AU considered claimant’s application de novo as to the entire claimed period of disability. The AU found that claimant suffers from lumbosacral strain, status post right nephrectomy, hypertension, and onychia with paronychia (a skin condition). The AU concluded that claimant could perform only a limited range of light work because of his nonexertional impairments, i.e., his inability to be in contact with skin irritants or work with moving machinery or near unprotected heights. Relying on the testimony of the vocational expert, the AU found that claimant’s past work included skilled work as a cook. Claimant was found to have transferable skills from that past work such as elementary arithmetic skills, adjustment of controls and processes, supervising and coordinating work activities, and the ability to evaluate whether work was done correctly. Again relying on the vocational expert’s testimony, the AU found that these transferable skills would allow claimant to perform several jobs in the local economy such as checker one, final examiner, hand coil taper, and calibrator, all of which are light semiskilled jobs which would permit claimant to alternate positions. The AU also used Rule 202.12 of the grid, which would direct a finding of “not disabled,” as a framework for decision. Accordingly, the AU found claimant not disabled. After the Appeals Council denied claimant’s request for review of the AU’s decision, claimant appealed to the district court, which affirmed the Secretary. Claimant appealed. We affirm.

Claimant first attacks the Secretary’s failure to find significant impairments of hypertensive cardiovascular disease, angina, and osteoarthritis. However, although the AU did find that claimant suffered from hypertension, medical reports indicated no damage to claimant’s heart. For example, Dr. Acevedo, a consulting cardiologist, found “no evidence of cardiac or hypertensive pathology.” There was no medical evidence diagnosing osteoarthritis. The AU was fully justified in discounting claimant’s allegations of hypertensive cardiovascular disease, angina, and osteoarthritis.

Claimant next challenges the AU’s finding that claimant retains the residual functional capacity to perform a limited range of light work. Claimant argues that he should not have been found capable of performing more than sedentary work. The social security regulations define light work as follows:

“Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, we determine that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time.”

20 C.F.R. § 404.1567(b). Under Social Security Ruling 83-10, West’s Social Security Reporting Service, Rulings, at 51 (1986 supp.),

“[T]he full range of light work requires standing or walking, off and on, for a total of approximately 6 hours of an 8-hour workday. Sitting may occur intermittently during the remaining time.”

*4 Sedentary work by contrast, is defined as follows:

“Sedentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.”

20 C.F.R. § 404.1567(a). The record contains several residual functional capacity assessments prepared by physicians that support the AU’s finding. Dr. Cases, a consulting neurologist, found that claimant could sit four hours, stand four hours, and walk four hours during an eight-hour workday, lift or carry ten pounds frequently and twenty pounds occasionally, operate arm controls, and bend occasionally. Dr. Acevedo found that claimant could sit and stand or walk eight hours, lift fifty pounds and twenty-five pounds frequently, use his hands to push and pull, operate foot controls, and bend frequently. Dr. Rodriguez, a consulting urologist, found that claimant could sit six hours, stand six hours, and walk six hours during an eight-hour workday, lift or carry ten pounds frequently and twenty pounds occasionally, operate arm and leg controls, and bend occasionally. These assessments unquestionably constitute substantial evidence of record to support the AU’s finding that claimant’s exertional impairments permit him to perform light work.

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unempl.ins.rep. Cch 17,623 Jose Arce Crespo v. Secretary of Health and Human Services, 831 F.2d 1, 1987 U.S. App. LEXIS 17654 (1st Cir. 1987).

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