Dias v. Apfel

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-1191
CHRISTINE DIAS,
Plaintiff, Appellant,
v.
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Douglas P. Woodlock, U.S. District Judge]
Before
Selya, Circuit Judge,
Cyr, Senior Circuit Judge,
and Lynch, Circuit Judge.
Michael James Kelley on brief for appellant.
Donald K. Stern, United States Attorney, and Anne G. Depew,
Assistant U.S. Attorney, on brief for appellee.
October 11, 2001
Per Curiam. Claimant Christine Dias appeals the
decision of the district court which upheld the denial of
Social Security disability benefits. We have carefully
reviewed the record and the parties' briefs and affirm the
district court judgment for essentially the reasons stated
in that court's Memorandum and Order, dated January 8, 2001.
We add only the following comments.
1. The conclusions of Dr. May Louie, claimant's
treating physician, that claimant's Charcot-Marie-Tooth
disease meets the listing for peripheral neuropathies and
that claimant is disabled are not binding on the Commissioner
as these determinations are reserved solely for the
Commissioner. See 20 C.F.R. §§ 404.1527(e)(1) and (e)(2).
2. As for claimant's argument that she cannot
perform the full range of sedentary work due to both
exertional and non-exertional limitations, there are
conflicts in the evidence. Claimant's own testimony at the
hearing was contradictory and Dr. Louie's assessment of
claimant's residual functional capacity (RFC) is inconsistent
with her observations of claimant as recorded in her office
notes. Other evidence inconsistent with the opinion of Dr.
Louie can be found in the report of Dr. Alan Mandell and in
the other RFC assessments in the record. This evidence,
contrary to claimant's contention, is entitled to be credited
by the Commissioner. See Rodriguez Pagan v. Secretary of
Health and Human Services, 819 F.2d 1, 2-3 (1st Cir. 1987)
(per curiam). Because conflicts are for the Commissioner to
resolve, not the courts, Rodriguez v. Secretary of Health and
Human Services, 647 F.2d 218, 222 (1st Cir. 1981), the
judgment of the district court is affirmed.
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