August 20, 1993
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 92-2330
FELICITA FERRER-CRUZ,
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. Hector M. Laffitte, U.S. District Judge]
Before
Torruella, Cyr and Boudin,
Circuit Judges.
Raymond Rivera Esteves and Juan A. Hernandez Rivera on brief for
appellant.
Daniel F. Lopez Romo, United States Attorney, Jose Vazquez
Garcia, Assistant United States Attorney, and Nancy B. Salafia,
Assistant Regional Counsel, Department of Health and Human Services,
on brief for appellee.
Per Curiam. We have carefully reviewed the record
and conclude that substantial evidence supports the
Secretary's determination that claimant Felicita Ferrer Cruz
retained the ability to perform a particular past job and was
not entitled to social security disability benefits. We have
considered all of claimant's arguments and, finding them
without merit, affirm the judgment of the district court
essentially on the basis of the magistrate-judge's report
adopted by the district court. We add only these comments.
While we agree with claimant that the "B" criteria
of the Appeals Council's psychiatric review technique form
show a severe mental impairment, the claimant failed to meet
her relatively minimal initial burden to show both the mental
demands of her former work and how those work duties were
compromised by her mental condition. Santiago v. Secretary
of Health & Human Services. 944 F.2d 1, 6-7 (1st Cir. 1991)
("[T]he kind of foundation that the claimant must lay
requires no more than putting into issue functional loss that
precludes performance of pertinent prior work activities.").
Based upon claimant's description of her previous work as
secretary/receptionist at a photo studio, it is not obvious
how her mental condition, a generalized anxiety disorder,
precluded her prior work. In addition, we note that although
claimant filed an application alleging disability due to,
inter alia, "nerves", there is no evidence that claimant was
ever treated or followed for any mental or emotional
condition. Even if we were to conclude that claimant had
sufficiently raised the issue of her inability to perform the
actual mental demands of her former job, where no treatment
whatsoever was obtained, the ALJ was entitled to decide that
claimant's relatively mild mental condition only minimally
affected her ability to perform her self-described work
duties. See, e.g., Irlanda Ortiz v. Secretary of Health &
Human Services, 955 F.2d 765, 769-70 (1st Cir. 1991); Perez
Torres v. Secretary of Health & Human Services, 890 F.2d
1251, 1255 (1st Cir. 1989). In sum, substantial evidence
supports the Secretary's determination that claimant failed
to carry her burden of showing that her impairments prevented
her return to her past work.
Affirmed.
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