Caron v. Chater

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

                                 ____________________





        No. 97-1185





                                     JOANN CARON,



                                Plaintiff, Appellant,



                                          v.



                           SHIRLEY S. CHATER, COMMISSIONER,

                           SOCIAL SECURITY ADMINISTRATION,



                                 Defendant, Appellee.



                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                 [Hon. Frank H. Freedman, Senior U.S. District Judge]
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                                 ____________________



                                        Before



                               Selya, Boudin and Stahl,

                                   Circuit Judges.
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                                 ____________________



            Francis Lafayette on brief for appellant.
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            Donald  K.  Stern,  United  States  Attorney,  Karen  L.  Goodwin,
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        Assistant  United   States  Attorney,  and  Sara   Gardiner  Kilkenny,
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        Assistant Regional  Counsel, Social Security  Administration, on brief

        for appellee.





                                 ____________________



                                  September 3, 1997

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                      Per Curiam.   We have examined the  parties' briefs
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            and  the record  on appeal.   Although  we have  considerable



            doubt  whether  the  district  court  had  jurisdiction,  the



            Commissioner's decision is adequately supported, so we see no



            need  to reach  the jurisdictional  issue in  this case.   We



            affirm the order  of the district  court, dated November  27,



            1996, essentially for the reasons given in the district court



            Memorandum  of  the  same  date.    We  would  add  only  the



            following.



                      Claimant  argues   the  Administrative   Law  Judge



            ("ALJ")  improperly  used  "the Grid"  (20  C.F.R.  Part 404,



            Subpart P,  App. 2)  in  evaluating claimant's  nonexertional



            limitations.   This court has  noted use of "the  Grid" alone



            may  be  improper  in   some  cases  involving  nonexertional



            limitations.  Ortiz  v. Secretary of  Health & Human  Servs.,
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            890  F.2d 520,  524-24 (1st  Cir. 1989).   But  here the  ALJ



            followed  the rule  from Ortiz  by using  the testimony  of a
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            vocational expert in addition to using "the Grid." Id.  Thus,
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            the ALJ's use of "the Grid" was not improper.



                      Claimant also argues the ALJ failed to evaluate her



            subjective  complaints  of  pain.    While  a  more  detailed



            analysis  of those complaints would have been preferable, see
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            Frustaglia v.  Secretary of Health  & Human Servs.,  829 F.2d
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            192, 195 (1st Cir.  1987), we have examined the record and we











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            conclude  the ALJ had  ample support for  his conclusion that



            the claimant's subjective complaints were not credible.



                      AFFIRMED.
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