Martinez Burgos v. SHHS ( 1994 )

USCA1 Opinion

          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                                [NOT FOR PUBLICATION]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
                                                  ________________
        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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