Rosado v. Secretary ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1188
ANA H. ROSADO,
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. Salvador E. Casellas, U.S. District Judge]
Before
Torruella, Chief Judge,
Stahl and Lynch, Circuit Judges.
Melba N. Rivera-Camacho & Assocs. on brief for appellant.
Guillermo Gill, United States Attorney, Edna C. Rosario-Munoz,
Assistant United States Attorney, and Wayne G. Lewis, Assistant
Regional Counsel, Office of the Chief Counsel, Region I, Social
Security Administration, on brief for appellee.
October 10, 1997
Per Curiam. This is an appeal from the denial of social
security disability benefits. Appellant Ana H. Rosado
("Rosado") claims she is disabled due to a combination of
back problems and depression.
A mental residual functional capacity ("RFC") assessment
was required in this case, since it was determined Rosado's
mental impairment was "severe." See 20 C.F.R.
404.1520a(c)(3). The RFC assessment needed to address
Rosado's abilities to 1) understand, remember, and carry out
instructions, and 2) respond appropriately to supervision,
co-workers, and work pressures in a work setting. 20 C.F.R.
404.1545(c). While two of the non-examining doctors did
address the first concern, they did not sufficiently speak to
the second concern. The ALJ, as a lay person, was not
qualified to interpret the raw medical data and assess
claimant's mental RFC. Rosado v. Secretary of Health & Human
Servs., 807 F.2d 292, 293 (1st Cir. 1986). On remand, the
ALJ shall obtain expert medical assistance to interpret the
raw medical data regarding Rosado's mental condition in 19931
1
1Since the record shows Rosado lost a young son in an auto
1
accident in late 1992 or early 1993, it would not be correct
to disregard, without explanation, the 1993 evidence and base
findings on the pre-1993 evidence alone. Prior to her son's
death, most of the evidence showed Rosado's mental condition
was "good" or "fair." After she lost her son, though, it
does appear from the records of all three examining
physicians that her mental condition may have deteriorated.
On remand, the ALJ should analyze the evidence in light of
this fact. The ALJ should also ensure that the RFC
assessment incorporates this information.
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and to explain how her mental condition affected her ability
to function in the workplace. See 20 C.F.R. 404.1545(c).
Only then can a vocational expert competently testify
regarding whether work existed in the national economy which
Rosado could perform despite the limitations set out by the
medical expert.
We have examined Rosado's argument regarding the ALJ's
findings on her subjective complaints of pain. We see no
reason to disturb those findings, as they were supported by
substantial evidence.
Reversed and remanded on the mental impairment issue.
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