
USCA1 Opinion

	




          August 20, 1993                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 92-2330                                FELICITA FERRER-CRUZ,                                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. Hector M. Laffitte, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                              Torruella, Cyr and Boudin,                                   Circuit Judges.                                   ______________                                 ____________________            Raymond Rivera Esteves and Juan A.  Hernandez Rivera on brief  for            ______________________     _________________________        appellant.            Daniel  F.  Lopez  Romo,  United  States  Attorney,  Jose  Vazquez            _______________________                              _____________        Garcia,  Assistant  United  States  Attorney, and  Nancy  B.  Salafia,        ______                                             __________________        Assistant Regional  Counsel, Department of Health  and Human Services,        on brief for appellee.                                 ____________________                                 ____________________                      Per Curiam.  We  have carefully reviewed the record                      __________            and  conclude   that   substantial  evidence   supports   the            Secretary's determination that  claimant Felicita Ferrer Cruz            retained the ability to perform a particular past job and was            not entitled to social security disability benefits.  We have            considered  all of  claimant's  arguments  and, finding  them            without  merit, affirm  the  judgment of  the district  court            essentially  on  the basis  of the  magistrate-judge's report            adopted by the district court.  We add only these comments.                      While we agree with  claimant that the "B" criteria            of  the Appeals  Council's psychiatric review  technique form            show a severe mental impairment,  the claimant failed to meet            her relatively minimal initial burden to show both the mental            demands of her  former work  and how those  work duties  were            compromised by  her mental condition.   Santiago v. Secretary                                                    ________    _________            of Health & Human Services. 944  F.2d 1, 6-7 (1st Cir.  1991)            __________________________            ("[T]he  kind  of  foundation  that  the  claimant  must  lay            requires no more than putting into issue functional loss that            precludes  performance of pertinent prior work activities.").            Based  upon claimant's  description of  her previous  work as            secretary/receptionist at  a photo studio, it  is not obvious            how  her  mental condition,  a generalized  anxiety disorder,            precluded her prior work.  In addition, we note that although            claimant  filed an  application  alleging disability  due to,            inter alia, "nerves",  there is no evidence that claimant was            _____ ____            ever  treated  or  followed   for  any  mental  or  emotional            condition.  Even  if we  were to conclude  that claimant  had            sufficiently raised the issue of her inability to perform the            actual mental  demands of her former job,  where no treatment            whatsoever was obtained, the ALJ  was entitled to decide that            claimant's  relatively mild  mental condition  only minimally            affected  her  ability  to perform  her  self-described  work            duties.   See, e.g., Irlanda  Ortiz v. Secretary  of Health &                      ___  ____  ______________    ______________________            Human Services, 955 F.2d  765, 769-70 (1st Cir. 1991);  Perez            ______________                                          _____            Torres  v.  Secretary of  Health &  Human Services,  890 F.2d            ______      ______________________________________            1251, 1255  (1st Cir.  1989).  In  sum, substantial  evidence            supports the  Secretary's determination that  claimant failed            to carry her burden of showing that her impairments prevented            her return to her past work.                      Affirmed.                      ________                                         -3-
