Victoria MANSO-PIZARRO, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee

76 F.3d 15, 1996 U.S. App. LEXIS 1799, 1996 WL 41500
CourtCourt of Appeals for the First Circuit
DecidedFebruary 8, 1996
Docket95-1241
StatusPublished
Cited by867 cases

This text of 76 F.3d 15 (Victoria MANSO-PIZARRO, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee) 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
Victoria MANSO-PIZARRO, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee, 76 F.3d 15, 1996 U.S. App. LEXIS 1799, 1996 WL 41500 (1st Cir. 1996).

Opinion

PER CURIAM.

Claimant Victoria Manso-Pizarro was fifty-eight years old when she applied for social security insurance benefits on September 5, 1991. She alleged that a heart condition, high blood pressure and bad circulation had disabled her from working since June 24, 1991. After a hearing, an Administrative Law Judge (ALJ) concluded that claimant suffered from hypertension, obesity, and mild anxiety, but that she could still perform her last previous job. Upon judicial review, a magistrate judge recommended affirming the ALJ’s decision. The district court agreed. The claimant appeals. We vacate and remand for further proceedings.

I.

We must uphold a denial of social security disability benefits unless “the Secretary has committed a legal or factual error in evaluating a particular claim.” Sullivan v. Hudson, 490 U.S. 877, 885, 109 S.Ct. 2248, 2254, 104 L.Ed.2d 941 (1989). The Secretary’s findings of fact are conclusive if supported by substantial evidence. See 42 U.S.C. § 405(g); see also Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).

There is substantial record evidence that claimant met her initial burden to provide enough information about the activities her usual work required and how those activities were compromised by her functional inability *17 to perform that work. Claimant has a twelfth-grade education and worked for twenty-two years as a kitchen helper in a public school cafeteria. Her duties included serving children, preparing milk, washing dishes and trays, helping the cook, and cleaning the floor. The job required her to stand or walk for six hours a day, to sit for one-half hour, and to lift and carry up to thirty pounds (including, on occasion, lifting and carrying large, hot cooking pots). She described her work as fairly heavy and stated that she could no longer perform it because: she lacked the strength to lift anything heavy; she had limited ability to lift and carry because her hands cramped due to bad circulation; she had blurry vision and became dizzy when bending; and she could not stand for very long due to pain on her left side and in her feet. Upon this foundation, the ALJ supportably concluded that claimant’s past relevant work involved medium physical exertion, and required her alternately to walk or stand for six hours, to lift or carry up to thirty pounds.

This finding implicated step four of the Secretary’s sequential evaluation process. See 20 C.F.R. § 404.1520(e). At step four the initial burden is on the claimant to show that she can no longer perform her former work because of her impairments. See Santiago v. Secretary of HHS, 944 F.2d 1, 5 (1st Cir.1991). At that point, the ALJ must compare the physical and mental demands of that past work with current functional capability. See id.; see also 20 C.F.R. § 404.1560(b). In making a step four appraisal, the ALJ is entitled to credit a claimant’s own description of her former job duties and functional limitations, see id., but has some burden independently to develop the record. See id. at 5-6.

In this instance, the ALJ decided that claimant retained the residual functional capacity (RFC) to perform her past relevant work as a cook’s helper. In comparing claimant’s retained capacities with the mental and physical demands of her prior work, the ALJ concluded that because the record indicated no physical restrictions limiting her ability to alternately walk or stand for six hours, or to lift up to thirty pounds, claimant’s RFC coincided with her past relevant work activities. 1 The claimant argues that in making this RFC assessment, the ALJ im-permissibly interpreted raw medical evidence, and instead should have obtained an RFC assessment by a physician. The Secretary disagrees. She contends that the non-severity of claimant’s impairments entitled the ALJ to make a eommonsense RFC assessment and that the ALJ, in finding that claimant retained the RFC to perform medium-level exertion, did not overstep the bounds of lay competence.

II.

With a few exceptions (not relevant here), an ALJ, as a lay person, is not qualified to interpret raw data in a medical record. See Perez v. Secretary of HHS, 958 F.2d 445, 446 (1st Cir.1991); Gordils v. Secretary of HHS, 921 F.2d 327, 329 (1st Cir.1990). Of course, where the medical evidence shows relatively little physical impairment, an ALJ permissibly can render a commonsense judgment about functional capacity even without a physician’s assessment. See, e.g., id. But when, as now, a claimant has sufficiently put her functional inability to perform her prior work in issue, the ALJ must measure the claimant’s capabilities, and

to make that measurement, an expert’s RFC evaluation is ordinarily essential unless the extent of functional loss, and its effect on job performance, would be apparent even to a lay person.

Santiago, 944 F.2d at 7.

Here, the record contains no analysis of functional capacity by a physician or other expert. Thus, the question whether substantial evidence supports the ALJ’s finding that claimant retains the functional capacity to do medium-level work and otherwise perform her prior vocational activities depends on a qualitative assessment of the medical evidence that was before the ALJ. If that evidence suggests a relatively mild physical *18 impairment posing, to the layperson’s eye, no significant exertional restrictions, then we must uphold the ALJ’s finding; elsewise, we cannot (in the absence of an expert’s opinion). See Perez, 958 F.2d at 446-47; Gordils, 921 F.2d at 329. It is to that perscrutation that we now turn.

III.

On June 27, 1991, three days after she stopped working, claimant saw Dr. Ruiz for chest pain, dizziness and palpitations. Dr. Ruiz diagnosed her as having high blood pressure and premature ventricular contractions. 2 Although he prescribed medication, the claimant’s condition worsened and he hospitalized her on July 6. She was placed in the intensive care unit. Tests showed ventricular tachycardia (an abnormally rapid ventricular rhythm, most commonly associated with atrioventricular dissociation, see Dorland’s, supra,

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Bluebook (online)
76 F.3d 15, 1996 U.S. App. LEXIS 1799, 1996 WL 41500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victoria-manso-pizarro-plaintiff-appellant-v-secretary-of-health-and-ca1-1996.