USCA1 Opinion
December 28, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-1620
RAUL CRUZ-ROSADO,
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. Jaime Pieras, Jr., U.S. District Judge] ___________________
____________________
Before
Selya, Stahl and Lynch,
Circuit Judges. ______________
____________________
Juan A. Hernandez Rivera and Raymond Rivera Esteves on brief for ________________________ _______________________
appellant.
Guillermo Gil, United States Attorney, Maria Hortensia Rios, _____________ ______________________
Assistant U.S. Attorney, and Robert M. Peckrill, Assistant Regional ___________________
Counsel, Social Security Administration, on brief for appellee.
____________________
____________________
Per Curiam. We affirm substantially for the reasons ___________
stated by the district court. In addition, we note the
following. The ALJ was not bound by the 1980 RFC, an RFC
completed prior to an operation the ALJ supportably concluded
was successful. On the scant evidence before him, the ALJ
could permissibly conclude that claimant had failed
adequately to demonstrate that claimant's ability to
walk/stand was significantly compromised. Even if claimant
developed a hernia and another varicose vein some months
later, the ALJ was not required to find that claimant was
disabled prior to the expiration of insured status in view of
the sparse medical evidence.
Affirmed. Loc. R. 27.1. ________
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