Gomez-Fleca v. Comm. of Soc. Sec. ( 2004 )

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 04-1131
VICTOR GOMEZ-FLECHA,
Plaintiff, Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Justo Arenas, U.S. Magistrate Judge]
Before
Boudin, Chief Judge,
Lipez and Howard, Circuit Judges.
Melba N. Rivera-Camacho on brief for appellant.
Robert M. Peckrill, Assistant Regional Counsel, Social
Security Administration, H.S. Garcia, United States Attorney, and
Lisa E. Bhatia, Assistant United States Attorney, on brief for
appellee.
October 14, 2004
Per Curiam. After carefully considering the briefs and record
on appeal, we affirm for substantially the reasons stated by the
magistrate judge.
Despite his obesity, substantial evidence supported the
determination that the appellant was not disabled. Irlanda Ortiz
v. Sec'y. of Health and Human Serv., 955 F.2d 765 (1st Cir. 1991).
The appellant does not establish that the ALJ failed to apply the
proper standard in evaluating his pain. Avery v. Sec'y. of Health
and Human Serv., 797 F.2d 19 (1st Cir 1986). The appellant's other
arguments are equally unavailing.
Affirmed. 1st Circ. Rule 27(c).
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