J. ANTONIO CASTELLANOS, United State Magistrate Judge
Above action is now before this Magistrate since plaintiff seeks to review the final decision of the Commissioner of Social Security (the Commissioner) which denied her application for a period of disability and ensuing benefits. Social Security Act, 42 U.S.C. § 405 (g).
Plaintiff had filed an initial application on November 1996 that was remanded by the Appeals' Council and subsequently consolidated with her second application of June of 1999. Both had onset date of disability of April 22, 1994. She had claimed inability to work due to carpal tunnel syndrome, back and cervical pain, and a mental condition. After the second administrative hearing was held on June of 2001, where a vocational expert also testified, the presiding Administrative Law Judge (ALJ) issued an unfavorable opinion finding plaintiff not under disability and able to carry out her previous work as an inspector in a garment factory. Plaintiff, who was 38 years old at the time of the alleged onset date and 45 by the time of the hearing, is insured for disability purposes until June 30, 1999. Thus, plaintiff is now requesting from this court judicial review of the final decision of the Commissioner denying her entitlement to a determination of disability and benefits.
To be found disabled claimant must suffer a severe impairment which precludes her ability to perform other forms of substantial gainful activity. The initial showing of disability places on claimant the burden to show inability to perform her past relevant job. It is then that the burden shifts to the Commissioner to prove the existence of other jobs in the national economy that plaintiff can still perform. Goodermore v. Secretary of H.H.S., 690 F.2d 6 (1st Cir. 1982); Torres v. Secretary of H.H.S., 677 F.2d 167 (1st Cir. 1982). See also Vazquez v. Secretary of H.H.S., 683 F.2d 1 (1st Cir. 1982); Geoffrey v. Secretary of H.H.S., 663 F.2d 315 (1st Cir. 1981).
The record shows plaintiff was treated at the State Insurance Fund for bilateral carpal tunnel syndrome and cervical pain radiating to the back. There is a medical diagnosis of cervical and trapezius myositis, carpal tunnel mainly in the right hand and bilateral guyon canal syndrome. Plaintiff had also received psychiatric treatment from 1996 through 1998, during the period she was insured for disability, that is diagnosed as major depressive disorder, single episode. Subsequent treatments in 2001 were not considered for being outside the insured time period. The ALJ considered the treating psychiatrist's opinion and reports yet determined these were not consonant with the treatment record and did not warrant to be adopted.
Additionally, the ALJ considered the testimony of a vocational expert, Mr. Enrique Rossy. The job as packer and inspector is considered as simple, routine and repetitive, requiring light level of exertion. The ALJ concluded that plaintiffs residual functional capacity allowed her to fulfill the requirements of her past relevant work. The vocational expert also testified about other kind of light work that was available in the national economy, such as parking attendant and gate guard, that were within the plaintiffs functional capacity and skills.
She has an eighth grade education with prior work experience in the garment industry as inspector and packer, which is considered light kind of activity.
The record shows plaintiff testified she was able to stand and walk for a maximum of three hours and could bend down to pick up objects, if done carefully. Despite complaints of back and cervical pain, for which she has been afforded physical therapy, there is no atrophy. Movements of the spine and the cervical area were somewhat limited. Nerve conduction studies showed there was a normal electromyographic study of the upper extremities. There was no compression of the artery of the subclavia vein in the different maneuvers of arm and/or head. Neither was there evidence of thrombosis in the deep venous system and/or superficial.
X-rays report of the cervical spine showed moderate degenerative disc disease with minimal hyperthrophic changes at the C6-7 level. A CT Scan of the cervical spine dated 1997 found a well preserved lordosis and normal vertebral bodies, disc spaces, and posterior elements. The lumbar spine was also well preserved. Pedicles and disc spaces were intact and no destructive osseous lesions could be noted.
The neurological evaluation by Dr. Sánchez-Longo found good coordination of movement and dexterity and pinch prick. She had moderate spasms in the cervical area and in the paravertebral region. No muscle atrophy was present. Tinnel and Phalen were negative and Laesegue was positive in the right leg. The diagnosis was of cervical and trapezii fybromiositis, lumbar miositis, possible median and ulnar entrapment, anxiety and depression. The patient is described as having walked unassisted and was dressed appropriately, without make-up and with combed hair. Speech was spontaneous, with flow and coherence. She could walk on her heels and tip toes without pain.
In the year 2000, after her insured period expired, plaintiff was still having episodes of stiffness of the neck area and spasms in the trapezii region, crepitus, and complaints of pain upon movement consistent with the prior diagnosis of cervical myositis.
In regards to the mental condition, the ALJ noted that during treatment at the State Insurance Fund claimant never voiced a nervous condition and no notes are shown as to same from treating physician or the neurologist. The treating psychiatrist's opinion by Dr. Raimundi, seemed in conflict with the evidence of record and the conclusions did not agree with the evidence. There is a psychiatric review technique questionnaire by Dr. Joseacute' Diaz Quiñones indicating evidence of depressive syndrome with anhedonia, sleep disturbance, decreased energy and feelings of worthlessness. There were somatic complaints. The restrictions of activities of daily living and difficulties in maintaining social functioning were assessed as moderate. Deficiencies of concentration, persistence or pace were often and episodes of deterioration or decompensation were shown as never. The mental residual functional capacity assessment from Dr. Raimundi indicated the patient was not significantly limited in understanding and memory, except for the ability to understand and remember detailed instructions. Social interaction and adaptation were moderately limited.
The record shows monthly visits to Dr. Raimundi from October 1996 through May 1997, with a depressed and anxious mood, but oriented in the three spheres. Intellectual functioning and judgment were adequate. She received pharmacological treatment without any adverse effect or complications being noted. The diagnosis was of severe major depression. To review the final decision of the Commissioner, courts must determine if the evidence of record meets the substantial evidence criteria to support the Commissioner's denial of plaintiff's disability claim. Substantial evidence is "more than a mere scintilla and such, as a reasonable mind might accept as adequate to support a conclusion".Richardson v. Perales, 402 U.S. 389 (1971), quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197 (1938). The findings of the Commissioner as to any fact are conclusive, if supported by the above stated substantial evidence. Falu v. Secretary of Health Human Servs., 703 F.2d 24 (1st Cir. 1983).
This Magistrate concludes that an examination of the evidence in the record as a whole, as to which the above indicated is merely a succinct statement of same, provides substantial evidence to support the decision of the Commissioner denying plaintiffs entitlement to a period of disability and benefits and the conclusion of not being under disability. Thus, it is hereby AFFIRMED.
The Clerk is to enter judgment accordingly.
IT IS SO ORDERED.