Hodgson v. Barnhart ( 2005 )

Not For Publication in West's Federal Reporter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. 04-2094
BONNIE R. HODGSON,
Plaintiff, Appellant,
v.
JOANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. John A. Woodcock, Jr., U.S. District Judge]
Before
Boudin, Chief Judge,
Selya and Howard, Circuit Judges.
Francis M. Jackson and Jackson & MacNichol on brief for
appellant.
Paula Silsby, United States Attorney, Robert J. Triba,
Regional Chief Counsel and Susan Beller Donahue, Special Assistant
U.S. Attorney on brief for appellee.
May 6, 2005
Per Curiam. After carefully considering the briefs and
record on appeal, we affirm the commissioner's decision.
The appellant argues that the ALJ failed to assess
treating source opinion in accordance with the regulations. The
ALJ stated, however, that the appellant's level of functioning
was rated higher by other providers, her daily activities were
only mildly restricted, and she did not comply with medical
advice. Such factors are relevant under the regulations and
adequately support the ALJ's assessment. 20 C.F.R. §§ 1527(d),
404.1530; Rodriguez v. Sec'y of Health & Human Serv., 647 F.2d
218 (1st Cir. 1981). For similar reasons, the appellant
establishes no error in the ALJ's credibility determination.
Finally, she fails to show any error in the finding that
significant work was available to her. 20 C.F.R. § 404.1520(f);
Rosado v. Sec'y of Health & Human Serv., 807 F.2d 292 (1st Cir.
1986).
Affirmed. 1st Cir. R. 27(c).
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