Professional Documents
Culture Documents
No. 93-2085
ADA BAEZ,
Plaintiff, Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Carmen Consuelo Cerezo, U.S. District Judge]
___________________
___________________
Before
Breyer, Chief Judge,
___________
Cyr and Stahl, Circuit Judges.
______________
___________________
__________________
__________________
Per Curiam.
___________
The
claimant, Ada
Baez, has
appealed a
Health and
Baez's
the
Human Services
application for
Social Security
Secretary
concluded
performing
her
review was
terminated
process.
See
___
(the Secretary)
disability insurance
Act, 42
that
U.S.C.
Baez
past relevant
at Step
Goodermote
__________
401
was
work
4 of
not
as
which denied
benefits under
et seq..
________
The
precluded
from
a secretary,
the sequential
i.e.,
____
review
briefs and
judgment of the
essentially
the record
We
on appeal.
for the
reasons stated in
We
affirm the
the decision
We
of the
add the
following comments.
The
issues
raised on
appeal
were not
raised
in the
See
___
In any event, we
Step 3
of disability
claimant
has an
requirement and is
impairment
listed in
which
meets the
20 C.F.R. Pt.
if
duration
404, Subpt.
P,
20
-2-
C.F.R.
404.1520(d).
a determination
of
such determination
the
record,
and
of medical
(3)
the
made by a
physician, (2) no
determination
part of
that
her
to
or
equals
a listed
impairment in
Appendix
1.
might
listings contained in
equal.
In any
event,
insofar as
12.04),
Baez
has an
it is not severe.
In other words,
it does
she purportedly
Torres v.
______
which of
Appendix 1
the
record
a psychologist
affective disorder
(Listing
sequential
3).
Thus, contrary to
there was
___
condition
did
not meet
resulting contention
the issue
of
medical
or equal
- that the
Baez's contention,
judgment that Baez's
medical listing.
lack of record
equivalency
required
Her
evidence on
physician's
-3-
testimony at
the hearing -
based as it
is on
an erroneous
pain
comported with
our decision
in
Baez
complains that
the ALJ's
treating physician.
258)
The
decision does
not
document she
references (Tr.
not provide.
It is dated
nondisability
and
disability at issue
1990).
basis
It
is
prior
to
any
unaccompanied by
possible
period
of
any report
noted thereon.
explaining the
There was no
Baez
the pain
she
feels in
sitting.
Baez is wrong.
that
evaluated
he
impairment.
He
her
her
hands and
from
prolonged
concluded,
of
pain
nonetheless, that
and
mental
Baez is
not
There
-4-
is
substantial evidence
to support
that conclusion.
See,
____
-5-