Torres-Maldonado v. SHHS

USCA1 Opinion




December 28, 1995 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 95-1598

ANGEL TORRES-MALDONADO,

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. Salvador E. Casellas, U.S. District Judge] ___________________

____________________

Before

Cyr, Boudin and Lynch,
Circuit Judges. ______________

____________________

Raymond Rivera Esteves and Juan A. Hernandez Rivera on brief for ______________________ _________________________
appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios, ______________ ______________________
Assistant United States Attorney, Robert M. Pekrill, Assistant ___________________
Regional Counsel, and Wayne G. Lewis, Attorney, Social Security ________________
Administration, on brief for appellee.


____________________


____________________



















Per Curiam. Plaintiff-appellant Angel Torres-Maldonado __________

appeals from the district court's decision affirming the

denial of disability benefits by the Secretary of Health and

Human Services. We have carefully reviewed the parties'

briefs and the record on appeal. Appellant's claims that the

ALJ failed to consider his allegations of disabling pain or

failed to consider the cumulative effect of his impairments

are belied by the record. We have also concluded that, in

presenting a hypothetical to the vocational expert (VE), the

ALJ's misspoken reference to an onset date of 1991, did not

mislead the VE as the description of impairments that

followed referred to medical evidence within the relevant

time period.

We affirm on the basis of the district court's well- ______

reasoned Opinion and Order dated May 10, 1995.























-2-