Martinez Burgos v. SHHS

Case Date: 02/11/1994
Court: United States Court of Appeals
Docket No: 93-1772


February 11, 1994
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

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No. 93-1772

TOMAS MARTINEZ-BURGOS,

Plaintiff, Appellant,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO
[Hon. Gilberto Gierbolini, U.S. District Judge]
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Before

Torruella, Boudin and Stahl,
Circuit Judges.
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Juan A. Hernandez Rivera and Raymond Rivera Esteves on brief for
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appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios,
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Assistant United States Attorney, and Paul Germanotta, Assistant
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Regional Counsel, Department of Health and Human Services, on brief
for appellee.
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Per Curiam. We affirm substantially for the
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reasons stated in the opinions of the magistrate and district

court. We disagree with claimant's argument that the

testimony of a VE was necessary to determine whether a person

with the "moderate" limitations the ALJ found could

adequately perform the job of bank office clerk and cashier.

The descriptions of claimant's past work, together with the

medical reports and MA's testimony addressed to claimant's

level of intellectual and social functioning, provided an

adequate basis from which to conclude that claimant could

perform those jobs at an acceptable level.

Affirmed.
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