Bibiloni v. Commissioner ( 2000 )

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 98-2341
FRANCISCA BIBILONI,
Plaintiff, Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jose Antonio Fuste, U.S. District Judge]
Before
Torruella, Chief Judge,
Stahl and Lipez, Circuit Judges.
Melba N. Rivera-Camacho on brief for appellant.
Guillermo Gil, United States Attorney, Lilliam Mendoza Toro,
Assistant U.S. Attorney, and Robert J. Triba, Chief Counsel,
Social Security Administration, on brief for appellee.
March 8, 2000
Per Curiam. We have carefully reviewed the briefs
of the parties and the record and conclude that the judgment
of the district court should be affirmed for essentially the
reasons stated in its Opinion and Order, dated August 31,
1998. We add only two comments. First, the record plainly
contains conflicting evidence regarding the extent to which
claimant's physical and mental impairments affect her
ability to engage in work related activities. Such
conflicts are for the Commissioner, not the courts. See
Rodriguez Pagan v. Secretary of Health and Human Services,
819 F.2d 1, 3 (1st Cir. 1987) (per curiam). Second, because
this case is virtually indistinguishable from Ortiz v.
Secretary of Health and Human Services, 890 F.2d 520 (1st
Cir. 1989) (per curiam), the administrative law judge's
reliance on the grid was permissible.
Affirmed. See Local Rule 27(c).
-2-