Torres v. Commissioner of Social Security

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1851
JOSE A. TORRES,
Plaintiff, Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Carmen Consuelo Cerezo, U.S. District Judge]
Before
Lipez, Circuit Judge,
Campbell and Cyr, Senior Circuit Judges.
Melba N. Rivera-Camacho on brief for appellant.
Guillermo Gil, United States Attorney, Lilliam Mendoza Toro,
Assistant U.S. Attorney, and Robert J. Triba, Chief Counsel,
Social Security Administration, on brief for appellee.
March 22, 2001
Per Curiam. After carefully reviewing the briefs
and record below, we affirm the Commissioner’s decision.
The appellant raises issues on appeal that either
pertain only to the district court’s decision or were not
argued before the district court. We will not consider such
issues. Manso-Pizarro v. Secretary of Health and Human
Services, 76 F.3d 15, 16 (1st Cir. 1996)(the decision will be
upheld unless the Commissioner committed legal or factual
error); Groves v. Apfel, 148 F.3d 809, 811 (7th Cir.
1998)(district court error is irrelevant); Evangelista v.
Secretary of Health and Human Services, 826 F.2d 136, 144
(1st Cir. 1987)(argument not raised in district court is
forfeited).
There was no inconsistency or error in the findings
concerning the appellant’s ability to perform light work or
the application of the Medical-Vocational Guidelines
(“Grid”). The ALJ found that the appellant retained the
strength needed to perform light work. 20 C.F.R. §
404.1567. Although the appellant exhibited certain
nonexertional limitations, since the ALJ found that the
limitations did not significantly compromise his ability to
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perform the full range of light work, no vocational expert
was required. Ortiz v. Secretary of Health and Human
Services, 890 F.2d 520, 524-25 (1st Cir. 1989 (per curiam).
The ALJ’s findings concerning the appellant’s pain
and psychological status were supported by substantial
evidence. There may have been some contrary evidence, but
the record as a whole was adequate to support the findings.
Ward v. Commissioner of Social Security, 211 F.3d 652, 655
(1st Cir. 2000); Rodriguez v. Secretary of Health and Human
Services, 647 F.2d 218, 222 (1st Cir. 1981).
Affirmed. Loc. R. 27(c).
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