The Online Resource for Massachusetts Poverty Law Advocates

Ortiz V. Sec'y HHS

Date: 
01/01/1989

The Court "pays particular attention' to the ALJ's evaluation of complaints of pain in light of their subjective nature," quoting Sherwin v. Sec'y HHS, 685 F.2d 1,3 (1st. Cir. 1982). Under SSR 85-15, the ability to be punctual, attending work on a consistent basis and staying at work all day are demanded by any work environment, regardless of skill level. Moderate limitations in these abilities may erode the occupational base "at lease marginally and possibly more so." Conflicts in evidence are for the Commissioner, not the courts, to resolve. Where a nonexertional limitation only marginally reduces the claimant's ability to perform a full range of unskilled work, the ALJ was justified in basing his determination that the claimant was not disabled on the Grids.


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