Not for Publication in West's Federal Reporter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. 04-1330
GLORIA RODRIGUEZ,
Plaintiff, Appellant,
v.
JO ANNE BARNHART,
COMMISSIONER OF SOCIAL SECURITY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Daniel R. Domínguez, U.S. District Judge]
Before
Selya, Lynch and Lipez,
Circuit Judges.
Salvador Medina de la Cruz on brief for appellant.
H.S. Garcia, United States Attorney, Lisa E. Bhatia, Assistant
U.S. Attorney, Robert J. Triba, Regional Chief Counsel, and Lisa G.
Smoller, Assistant Regional Counsel, on brief for appellee.
September 21, 2004
Per Curiam. After carefully considering the record and
briefs on appeal, we affirm the judgment.
The appellant essentially argues that the ALJ should have
consulted a vocational expert before concluding that she was not
disabled, given her mental impairment. Under Ortiz v. Sec'y.
Health and Human Services, 890 F.2d 520, 526 (1st Cir. 1989),
however, the ALJ could rely on the Grid alone if her mental
limitations were adequately accommodated by relegating her to
unskilled work. Given the record, the ALJ could reasonably
conclude that she could perform unskilled work. See Rodriguez v.
Sec'y. of Health and Human Servs., 647 F.2d 218, 222 (1st Cir.
1981).
Affirmed. 1st Cir. Rule 27(c).
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