Manuel Torres Gutierrez v. Sec'y of Health, Educ. & Welfare, 572 F.2d 7 (1st Cir. 1978). · Go Syfert
Manuel Torres Gutierrez v. Sec'y of Health, Educ. & Welfare, 572 F.2d 7 (1st Cir. 1978). Cases Citing This Book View Copy Cite
8 citation events (3 in the last 25 years) across 7 distinct courts.
Strongest positive: Claude R. v. Frank Bisignano, Commissioner of Social Security (mad, 2026-05-04)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Claude R. v. Frank Bisignano, Commissioner of Social Security
D. Mass. · 2026 · confidence medium
“Where an applicant does not follow the prescribed medical advice which would remedy or reduce his impairments, such conduct is ‘arguably inconsistent with his complaints of pain.’” Torres-Gutierrez v. Sec. of Health, Education and Welfare, 572 F.2d 7, 8 (1st Cir. 1978); see also Sangel v. Astrue, 785 F.Supp.2d 757, 777 (N.D.
discussed Cited as authority (rule) Christofferson v. All Pure Pool Service of Central California, Inc
E.D. Cal. · 2020 · confidence medium
Danning v. Lavine, 572 F.2d 7 1386, 1388 (9th Cir. 1978). 8 Above, infra Section I(B), the Court summarized the allegations contained in the second 9 amended complaint and correlated the testimonial support from Plaintiff Robert’s declaration, 10 and counsel Horowitt’s declaration, that were submitted in support of the application for default 11 judgment.
discussed Cited as authority (rule) Deborah Sullivan v. SSA
D.N.H. · 1999 · confidence medium
No. 104-21 §§ 105(a)(5)(A) and (b)(5)(A) as amended by P.L. 105-33 §§ 5525, 5528. -14- 198 8); Torres Gutierrez v. Secretary of Health, Educ. and Welfare, 572 F.2d 7, 8 (1st Cir. 1978) (poor vision correctable by eyeglasses not a basis for disability).
discussed Cited as authority (rule) Cruz v. Secretary of Health & Human Services
D.P.R. · 1984 · confidence medium
See also, Rodríguez v. Secretary of Health and Human Services, 647 F.2d 218, 222 (1st Cir.1981); Torres Gutierrez v. Secretary of Health, Education and Welfare, 572 F.2d 7, 8 (1st Cir.1978); Gonzalez v. Richardson, 455 F.2d 953, 954 (1st Cir. 1972).
discussed Cited as authority (rule) Monroig v. Secretary of Health and Human Services
D.P.R. · 1982 · confidence medium
Lizotte v. Secretary of HHS, 654 F.2d 127 (1st Cir. 1981); Torres Gutiérrez v. Secretary of HEW, 572 F.2d 7, 8 (1st Cir. 1978); Reyes Robles v. Finch, 409 F.2d 84, 87 (1st Cir. 1969); Fisher v. Secretary of HEW, 522 F.2d 493 (7th Cir. 1975).
discussed Cited as authority (rule) Edmond P. Lizotte v. Secretary of Health and Human Services
1st Cir. · 1981 · confidence medium
See Rodriguez v. Secretary of Health and Human Services, supra; Torres Gutierrez v. Secretary of Health, Education and Welfare, 572 F.2d 7, 8 (1st Cir. 1978); Gonzalez v. Richardson, 455 F.2d 953, 54 (1st Cir. 1972).
cited Cited "see" Amazon.com Inc v. Acar
W.D. Wash. · 2024 · signal: see · confidence high
See Danning v. Lavine, 572 F.2d 7 1386, 1388 (9th Cir. 1978).
Retrieving the full opinion text from the archive…
Manuel TORRES GUTIERREZ, Plaintiff, Appellant,
v.
SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant, Appellee
77-1314.
Court of Appeals for the First Circuit.
Mar 17, 1978.
572 F.2d 7
Luis Amauri Suarez Zayas, Hato Rey, P. R., Salvador Tio, Pedro J. Varela, Maria Doloras Fernos, Hato Rey, P. R., Jose E. Colon Santana, Liro C. Torres, Elba Ca-nales, and Jose Fernandez Sein, Santurce, P. R., on brief, for appellant., Julio Morales Sanchez, U. S. Atty., San Juan, P. R., William Kanter, Atty., Dept, of Justice, Washington, D. C., Borge Varmer, Regional Atty. and Barry J. Reiber, Asst. Regional Atty., Dept, of Health, Education and Welfare, New York City, on brief, for appellee.
Coffin, Campbell, Bownes.
Cited by 10 opinions  |  Published
[*8] PER CURIAM.

The administrative law judge concluded “that claimant preserved the functional capacity to perform his customary work of farm hand adequately.” Upon adoption by the Appeals Council, this became the final decision of the Secretary. When review was sought before the district court, the Secretary’s determination was held to be supported by substantial record evidence, and was affirmed.

We have little to add to the lower court’s review of the medical evidence and case law. On appeal, there are several insubstantial allegations raised which we will address briefly.

First, appellant contends that the administrative law judge should have credited the internist, Dr. Soler-Bechara, rather than the other physicians, because (1) his conclusions were based on clinical and laboratory tests; (2) he was a specialist; and (3) he was the only doctor to consider all of the claimant’s alleged illnesses. The record, however, demonstrates that the eye examinations; the psychiatric examination of Dr. Vassallo; the physical examinations by the other internist, Dr. Acosta Ruiz; and the ear, nose, and throat examinations by Dr. Ubinas, were all supported by clinical observations, laboratory tests or both. Moreover, the prior recitation indicates that this substantial medical record, upon which the Secretary relied, was compiled by physicians whose practices are at least as specialized as Dr. Soler-Bechara’s.

As to whether Dr. Soler-Bechara’s evaluation of the sum of appellant’s complaints should be given more credence than the more narrowly focused reports of the other physicians, our review of the medical evidence shows that of the seven conditions Dr. Soler-Bechara listed, one, weight loss, was not considered an infirmity; two others, poor vision and mental state, were later found fully correctable by specialists in those fields; another, arthritis, was not found to be supported in the clinical evidence by either Dr. Soler-Bechara or Dr. Acosta Ruiz. That leaves periodic ulcer flare-ups, for which claimant had medication, recurring headaches, and pain when his neck was extended or flexed.

In light of this greatly diminished basis, Dr. Soler-Bechara’s conclusion need not be credited as fully as appellant seeks. See Reyes Robles v. Finch, 409 F.2d 84, 87 n.4, para. 1 (1st Cir. 1969).

We would also note that there was substantial record support for discrediting appellant’s subjective description of his conditions. His eye examination on March 4, 1974, showed that with glasses his vision would be corrected to 20/20; a subsequent examination in September, 1974, indicated that glasses would bring his sight up to 20/30, and noted that

“There are no symptoms or visible signs of future deterioration of vision. Patient has good vision with eyeglasses.”

In spite of this, at the hearing on July 3, 1975, appellant had still not obtained eyeglasses and continued to rely upon his poor vision as a basis of his disability. Moreover, though he complained throughout of suffering from a peptic ulcer, he told his treating physician that he diets and uses the remedial medicine only “off and on”. Claimant also told Dr. Soler-Bechara that he “does take coffee occasionally, which he feels exacerbates his epigastric pain”. Where an applicant does not follow the prescribed medical advice which would remedy or reduce his impairments, such conduct is “arguably inconsistent with his complaints of pain”, Reyes Robles, supra, at 87, fn. 4.

Additionally, in his application claimant stated that he could not bend, and could not “lift or carry anything”. Both internists stated that he was able to bend. Dr. Soler-Bechara made no comment on his ability to lift or carry, but Dr. Acosta Ruiz noted that he could lift 50-100 pounds frequently.

Thus, appellant’s own statements, rather than supporting his claim, tend to undercut it. * There was substantial evi[*9] dence in the record to support the determination of the Secretary and the decision of the district court.

The order of the district court is affirmed

*

Since appellant has not established that he has an impairment or impairments that render him unable to perform his prior kind of work, we agree with the Secretary and the district court that 20 C.F.R. § 404.1502(c) is inapplicable.