Garcia v. Commissioner of SSI ( 1999 )


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  •   [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]
    United States Court of Appeals
    For the First Circuit
    No. 99-1495
    VICTOR GARCIA,
    Plaintiff, Appellant,
    v.
    COMMISSIONER OF SOCIAL SECURITY,
    Defendant, Appellee.
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF PUERTO RICO
    [Hon. Jose Antonio Fuste, U.S. District Judge]
    Before
    Selya, Boudin and Lynch,
    Circuit Judges.
    Melba N. Rivera Camacho & Assoc. and Melba N. Rivera-Camacho
    on brief for appellant.
    Guillermo Gil, United States Attorney, Lilliam Mendoza-Torro,
    Assistant U.S. Attorney, and Wayne G. Lewis, Assistant Regional
    Counsel, Social Security Administration, on brief for appellee.
    December 29, 1999
    Per Curiam.  After carefully reviewing the briefs and the
    administrative record, we affirm the decision of the Commissioner
    of Social Security that claimant Victor Garcia was not entitled to
    Social Security disability benefits.  We do so essentially for the
    reasons stated in the district court's Opinion and Order, dated
    January 29, 1999.  The only comment we add is that this is a case
    in which there are conflicting medical reports in the record and
    we cannot say that the Commissioner's decision not to credit the
    reports of claimant's treating physicians was unreasonable.  See
    Rodriguez Pagan v. Secretary of Health and Human Services, 
    819 F.2d 1
    , 3 (1st Cir. 1987) (per curiam).  As almost always is the case,
    such conflicts are for the Commissioner, not the courts.  Rodriguez
    v. Secretary of Health and Human Services, 
    647 F.2d 218
    , 222 (1st
    Cir. 1981).
    Affirmed.
    

Document Info

Docket Number: 99-1495

Filed Date: 12/29/1999

Precedential Status: Non-Precedential

Modified Date: 4/17/2021