Duguay v. Barnhart

Not For Publication in West's Federal Reporter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. 05-1563
KELLY DUGUAY,
Plaintiff, Appellant,
v.
JOANNE B. BARNHART, COMMISSIONER,
SOCIAL SECURITY ADMINISTRATION,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Paul J. Barbadoro, U.S. District Judge]
Before
Lynch, Circuit Judge,
Campbell, Senior Circuit Judge,
and Lipez, Circuit Judge.
Sarah H. Bohr and Bohr & Harrington, LLC and Raymond J.
Kelly on brief for appellant.
Thomas P. Colantuono, United States Attorney, David L.
Broderick, Assistant U.S. Attorney, and Michael E. Kerpan, Jr.,
Assistant Regional Counsel, on brief for appellee.
March 3, 2006
Per Curiam. After carefully considering the record and briefs
on appeal, we affirm the Commissioner’s decision.
The appellant fails to show that the decision rested upon an
error of law or insufficient evidence. Manso-Pizarro v. Sec’y of
Health & Human Serv., 76 F.3d 15 (1st Cir. 1996). The medical
record showed improvements in pain and mobility after surgery. The
ALJ acknowledged that the appellant remained severely impaired and
in moderate pain, but found that her limitations could be
accommodated by a sit/stand option and other restrictions. The
appellant mentions no contrary medical opinion for the relevant
period. She does not establish that the findings were not
supported by substantial evidence. Perez v. Sec’y Health & Human
Serv., 958 F.2d 445 (1st Cir. 1991).
Affirmed. 1st Cir. R. 27(c).
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