Leroy DUDLEY, Plaintiff, Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellee, 816 F.2d 792 (1st Cir. 1987). · Go Syfert
Leroy DUDLEY, Plaintiff, Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellee, 816 F.2d 792 (1st Cir. 1987). Cases Citing This Book View Copy Cite
97 citation events (59 in the last 25 years) across 7 distinct courts.
Strongest positive: Garcia-Diaz v. Commissioner of Social Security (prd, 2024-05-31)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Garcia-Diaz v. Commissioner of Social Security
D.P.R. · 2024 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the .
discussed Cited as authority (verbatim quote) De Jesus-Ayala v. Commissioner Social Security
D.P.R. · 2024 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the .
discussed Cited as authority (verbatim quote) Pabon v. Commissioner of Social Security
D.P.R. · 2023 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the .
discussed Cited as authority (verbatim quote) Merced-Rivera v. Commissioner of Social Security
D.P.R. · 2023 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the claimant.
discussed Cited as authority (verbatim quote) Rosario-Torres v. Commissioner of Social Security
D.P.R. · 2022 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the claimant.
discussed Cited as authority (verbatim quote) Ferrer-Baez v. Commissioner of Social Security
D.P.R. · 2022 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the claimant.
discussed Cited as authority (verbatim quote) Morales-Benitez v. Commissioner of Social Security
D.P.R. · 2021 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the claimant.
discussed Cited as authority (verbatim quote) Pabon-Mercado v. Commissioner of Social Security
D.P.R. · 2021 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the claimant.
discussed Cited as authority (verbatim quote) Santiago-Borrero v. Commissioner of Social Security
D.P.R. · 2020 · quote attribution · 1 verbatim quote · confidence high
he burden to demonstrate the existence of such a impairment rests with the claimant.
cited Cited as authority (rule) LUIS D. GONZÁLEZ-GALBÁN v. FRANK BISIGNANO, Commissioner of the Social Security Administration
D.P.R. · 2025 · confidence medium
Servs., 816 F.2d 792, 793 (1st Cir. 1987)).
cited Cited as authority (rule) Amber L. v. Dudek
D.R.I. · 2025 · confidence medium
Servs., 816 F.2d 792, 795 (1st Cir. 1987) (“decision not to reopen the prior 7 The Court’s summary of the factual background does not constitute findings of fact.
cited Cited as authority (rule) Reyes-Villarini v. Commissioner of Social Security
D.P.R. · 2023 · confidence medium
Servs., 816 F.2d 792, 793 (1st Cir. 1987); 20 C.F.R. § 404.1525 (c)(3).
discussed Cited as authority (rule) DOYLE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2021 · confidence medium
The statement of errors also implicates Step 3 of the sequential evaluation process, at which step a claimant bears the burden of proving that her impairment or combination of impairments meets or equals a listing. 20 C.F.R. §§ 404.1520 (d), 416.920(d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) MENARD v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2020 · confidence medium
The statement of errors also implicates Step 3 of the sequential evaluation process, at which step a claimant bears the burden of proving that her impairment or combination of impairments meets or equals a listing. 20 C.F.R. §§ 404.1520 (d), 416.920(d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) LAPOINTE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2020 · confidence medium
At step 3, the claimant bears the burden of proving that her impairment or combination of impairments meets or equals a listing. 20 C.F.R. § 416.920 (d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) COULOMBE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2020 · confidence medium
At Step 3, the claimant bears the burden of proving that her impairment or combination of impairments meets or equals a listing. 20 C.F.R. § 416.920 (d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) MARCOU v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2020 · confidence medium
The statement of errors also implicates Step 3 of the sequential evaluation process, at which step a claimant bears the burden of proving that his impairment or combination of impairments meets or equals a listing. 20 C.F.R. § 404.1520 (d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) BOWDEN v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2020 · confidence medium
At Step 3 of the sequential evaluation process, a claimant bears the burden of proving that her impairment or combination of impairments meets or equals a listing. 20 C.F.R. § 416.920 (d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) AUSTIN v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2020 · confidence medium
At Step 3, the claimant bears the burden of proving that her impairment or combination of impairments meets or equals a listing. 20 C.F.R. § 416.920 (d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) RICHARDSON v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2019 · confidence medium
The statement of errors also implicates Step 3 of the sequential evaluation process, at which step a claimant bears the burden of proving that her impairment or combination of impairments meets or equals a listing. 20 C.F.R. § 404.1520 (d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) TUTTLE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2019 · confidence medium
The statement of errors also implicates Step 3 of the sequential evaluation process, at which step a claimant bears the burden of proving that his impairment or combination of impairments meets or equals a listing. 20 C.F.R. §§ 404.1520 (d), 416.920(d); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
cited Cited as authority (rule) Patterson v. Colvin
D. Mass. · 2015 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir.1989) (citing Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793 (1st Cir.1987)).
cited Cited as authority (rule) Lawton v. Comm., SSA
D.N.H. · 2012 · confidence medium
Dudley v. Sec'y of Health & Human Servs.. 816 F.2d 792, 793 (1st Cir. 1987) .
discussed Cited as authority (rule) Stratton v. Astrue
D.N.H. · 2012 · confidence medium
Legal Principles “[I]t is the claimant’s burden to show that he has an impairment or impairments which meets or equals a listed impairment in Appendix 1.” Torres v. Sec’y of HHS, 870 F.2d 742, 745 (1st Cir.1989) (citing Dudley v. Sec’y of HHS, 816 F.2d 792, 793 (1st Cir.1987)).
discussed Cited as authority (rule) Phelps v. SSA
D.N.H. · 2011 · confidence medium
It was, of course, claimant's burden to prove that her impairment or combination of impairments meets or equals a listed impairment before the ALJ. 20 C.F.R. § 404.1512 ; Dudley v. Secretary of Health & Human Services, 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) Ferrante v. Astrue
D. Me. · 2010 · confidence medium
The plaintiff also alleges an error at Step 3 of the sequential process, at which stage a claimant bears the burden of proving that his or her impairment or combination of impairments meets or equals the Listings. 20 C.F.R. §§ 404.1520 (d), 416.920(d); Dudley v. Secretary of Health & Human Servs., 816 F.2d 792, 793 (1st Cir.1987).
cited Cited as authority (rule) Jenkerson v. SSA
D.N.H. · 2008 · confidence medium
Califano v. Sanders, 430 U.S. 99, 107-09 (1977); Dudley v. Sec'v of Health & Human Servs., 816 F.2d 792, 795 (1st Cir. 1987); Stewart v. Astrue, 532 F. Supp. 2d, 243, 245 (D.
discussed Cited as authority (rule) Stahovich v. Astrue
D. Mass. · 2007 · confidence medium
See, e.g., Pickner v. Sullivan, 985 F.2d 401, 403-04 (8th Cir.1993) (work performed prior to the fifteen-year period may be considered relevant if there is a “continuity in job skills” between that work and claimant’s more recent work); Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 794 (1st Cir.1987) (three months work as a labeller sufficient to constitute past relevant work); Bowman v. Heckler, 706 F.2d 564, 567 (5th Cir.1983) (prior work as a domestic more than fifteen years prior applicable where evidence showed that claimant continued performing own housecleaning in inte…
cited Cited as authority (rule) Irizarry-Sanchez v. Commissioner of Social Security
D.P.R. · 2003 · confidence medium
Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 794 (1st Cir.1987).
discussed Cited as authority (rule) Carson v. Barnhart
D. Me. · 2002 · confidence medium
At Step 3, a claimant bears the burden of proving that his impairment or combination of impairments meets or equals an entry in the Listings. 20 C.F.R. § 404.1520 (d); Dudley v. Secretary of Health & Human Servs., 816 F.2d 792, 793 (1st Cir.1987).
cited Cited as authority (rule) Lewis v. SSA
D.N.H. · 2000 · confidence medium
Secretary of Health and Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
cited Cited as authority (rule) Spears v. SSA
D.N.H. · 2000 · confidence medium
Secretary of Health and Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
cited Cited as authority (rule) Champney v. SSA
D.N.H. · 1999 · confidence medium
Yuckert, 482 U.S. 137 , 146 n.5 (1987) (citation omitted); Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 793 (1st Cir. 1987).
cited Cited as authority (rule) Lord v. SSA
D.N.H. · 1998 · confidence medium
Id. § 404.1520(e); Dudley v. Secretary of Health and Human Servs., 816 F.2d 792, 793 (1st Cir. 1987).
cited Cited as authority (rule) Baird v. SSA
D.N.H. · 1998 · confidence medium
Manso-Pizarro, 76 F.3d at 17 ; 21 Dudley v. Secretary of Health & Human Servs., 816 F.2d 792, 794 (1st.
discussed Cited as authority (rule) Weiler v. Shalala
D. Mass. · 1996 · confidence medium
Step 4 required the ALJ to determine whether Weiler’s residual functional capacity (“RFC”) 8 prevents her from performing her past relevant work (“PRW”). 20 C.F.R. § 404.1520 (e); Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 794 (1st Cir.1987).
cited Cited as authority (rule) Field v. Chater
D. Me. · 1995 · confidence medium
Dudley v. Secretary of Health & Human Servs., 816 F.2d 792, 793 (1st Cir.1987).
cited Cited as authority (rule) Sapier v. HHS
D.N.H. · 1995 · confidence medium
Dudley v. Secretary, 816 F.2d 792, 793 (1st Cir. 1987).
discussed Cited as authority (rule) Gilbert v. Sullivan
1st Cir. · 1995 · confidence medium
Sanders, 430 U.S. at 109 ; Dudley v. Secretary of HHS, 816 F.2d 792, 795 (1st Cir. 1987); Carver v. Secretary of HHS, 869 F.2d 289, 292 (6th Cir. 1989) ("[C]ourts have consistently upheld the imposition of the doctrine of administrative res judicata in social security cases except under circumstances that implicate a colorable constitutional issue.").
discussed Cited as authority (rule) Shaw v. SHHS
1st Cir. · 1994 · confidence medium
Gray v. Heckler, 760 F.2d 369, 371 (1st Cir. 1985); ____ _______ see also Dudley v. Secretary of HHS, 816 F.2d 792, 795 (1st ________ ______ ________________ 6 Cir. 1987) (plaintiff's burden includes proving the particular demands of her past work that she cannot perform).
discussed Cited as authority (rule) Cruz Gonzalez v. SHHS
1st Cir. · 1994 · confidence medium
See Califano v. Sanders, 430 U.S. at 107-09 ; Colon v. Secretary of Health and Human Services, 877 F.2d 148, 153 (1st Cir. 1989); Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 795 (1st Cir. 1987); Dvareckas v. Secretary of Health and Human Services, 804 F.2d 770, 771 (1st Cir. 1986); Matos v. Secretary of Health and Human Services, 581 F.2d 282, 286 (1st Cir. 1978). 15 Claimant's attempt to present a colorable constitutional claim is unavailing.
cited Cited as authority (rule) Santiago-Santiago v. SHHS
1st Cir. · 1994 · confidence medium
Dudley v. Secretary of Health & Human Services, 816 F.2d 792, 794 (1st Cir. 1987); see also Richardson v. Perales, 402 U.S. 389, 408 (1971).
cited Cited as authority (rule) Galarza v. SHHS
1st Cir. · 1994 · confidence medium
Dudley v. Secretary of HHS, 816 F.2d 792, 795 (1st Cir. 1987). 6 The medical evidence produced did not require a finding that appellant needed a work environment "entirely free" of irritants.
cited Cited as authority (rule) Galarza v. SHHS
1st Cir. · 1994 · confidence medium
Dudley v. Secretary of HHS, 816 F.2d 792, 795 (1st ______ ________________ Cir. 1987).
discussed Cited as authority (rule) Cashman v. Shalala
D. Mass. · 1993 · confidence medium
See Califano v. Sanders, 430 U.S. 99, 107-09 , 97 S.Ct. 980, 985-86 , 51 L.Ed.2d 192 (1977); Torres v. Secretary of Health & Human Servs., 845 F.2d 1136, 1139 (1st Cir.1988); Dudley v. Secretary of Health & Human Servs., 816 F.2d 792, 795 (1st Cir.1987). 4 .
cited Cited as authority (rule) Suranie v. Sullivan
D.R.I. · 1992 · confidence medium
Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 795 (1st Cir.1987).
discussed Cited as authority (rule) Eladio COLON, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant
1st Cir. · 1989 · confidence medium
See e.g., Torres v. Secretary of Health and Human Services, 845 F.2d 1136, 1138 (1st Cir.1988); Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 795 (1st Cir.1987); Dvareckas v. Secretary of Health & Human Services, 804 F.2d 770, 771-72 (1st Cir.1986); Rios v. Secretary of Health, Ed. and Welfare, 614 F.2d 25, 26 (1st Cir.1980); Matos v. Secretary of H.E.W., 581 F.2d 282, 285-87 (1st Cir.1978).
cited Cited as authority (rule) Ernesto Del Valle TORRES, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1989 · confidence medium
Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 793 (1st Cir.1987).
discussed Cited as authority (rule) Jose A. TORRES, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1988 · confidence medium
Califano v. Sanders, 430 U.S. 99, 107-09 , 97 S.Ct. 980, 985-86 , 51 L.Ed.2d 192 (1977); Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 795 (1st Cir.1987); Dvareckas v. Secretary of Health and Human Services, 804 F.2d 770, 771 (1st Cir.1986); Matos v. Secretary of Health, Education and Welfare, 581 F.2d 282, 285 (1st Cir.1978).
cited Cited "see" Jonathan P v. Saul
D.R.I. · 2020 · signal: see · confidence high
See 20 C.F.R. §§ 404.1545-1546 ; see Dudley v. Sec’y of Health & Human Servs., 816 F.2d 792, 793-94 (1st Cir. 1987) (per curiam).
Retrieving the full opinion text from the archive…
17 soc.sec.rep.ser. 473, unempl.ins.rep. Cch 17,321 Leroy Dudley
v.
Secretary of Health and Human Services
86-1598.
Court of Appeals for the First Circuit.
Feb 25, 1987.
816 F.2d 792
Brian J. Farrell and Lovett, Schefrin & Gallogly, Ltd., Providence, R.I., on brief, for plaintiff, appellant., John F. Aronson, Asst. Regional Counsel, Dept, of Health and Human Services, Lincoln C. Almond, U.S. Atty., and Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., on brief, for defendant, appellee.
Coffin, Bownes, Breyer.
Cited by 95 opinions  |  Published
PER CURIAM.

Claimant Leroy Dudley filed an application on March 16, 1983 for Social Security disability benefits, alleging a heart condition. On December 28, 1982, claimant had been denied benefits for the same condition on an earlier application which had alleged a November 14, 1980 onset date. In the instant application claimant sought an award of benefits covering the period from November 26, 1980 forward, as well as to reopen the previous denial of benefits for the November 14, 1980-December 28, 1982 period. The Administrative Law Judge considered the new application for benefits de novo and, after a hearing, found claimant not disabled at step 4 of the sequential evaluation process on the ground that claimant could perform his former work as a labeller. The ALT also found that there was no basis for reopening the prior denial of benefits. After the Appeals Council denied claimant’s request for review of the AU’s decision, claimant appealed to the district court, which affirmed the Secretary. Claimant appealed. We affirm.

There is substantial evidence in the record to support the Secretary’s finding that claimant did not prove that his impairment constitutes one of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (the “listings”). The presence of such an impairment would require the Secretary to find disability under 20 C.F.R. § 404.1520(d). The burden to demonstrate the existence of such an impairment rests with the claimant. See Goodermote v. Secretary of Health and Human Services, 690 F.2d 5, 6-7 (1st Cir.1982); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir.1975).

Claimant first argues that his impairment satisfies § 4.02 of the listings, which requires “congestive heart failure (manifested by evidence of vascular congestion such as hepatomegaly, peripheral or pulmonary edema)” accompanied by certain other features. Although there was evidence, such as the medical findings of Dr. Camevale, claimant’s treating cardiologist, that claimant suffers from congestive heart failure, there was also substantial evidence to the contrary. For example, Dr. Mancini, a consulting internist, found that although claimant had “documented congestive cardiomyopathy,” he had no congestive symptoms except persistent shortness of breath. Dr. Mancini concluded, “I find no evidence for any congestive failure at this time.” Dr. Most, a cardiologist and internist who testified at the hearing as a medical advisor, testified that claimant did not satisfy § 4.02 because there was “no physical evidence of [vascular] congestion.” In so concluding, Dr. Most relied on numerous medical reports noting the absence of edema or liver enlargement, which he found indicated an absence of vascular congestion. The ALJ was entitled to rely on this evidence in the face of contradictory findings. Lizotte v. Secretary of Health and Human Services, 654 F.2d 127, 128 (1st Cir.1981). The opinion of Dr. Came-vale is not entitled to greater weight merely because Dr. Camevale was claimant’s treating physician rather than a consulting physician. Sitar v. Schweiker, 671 F.2d 19, 22 (1st Cir.1982); Perez v. Secretary of [*794] Health, Education and Welfare, 622 F.2d 1 (1st Cir.1980).

Claimant further argues that his impairment met the requirements of § 4.04 of the listings for “ischemic heart disease with chest pain of cardiac origin.” However, none of the physicians who examined claimant made a diagnosis of ischemic heart disease. Moreover, even had claimant established the presence of ischemic heart disease, the listing is not met if the report of an acceptable treadmill exercise test does not show any of the changes specified in § 4.04 A. Claimant submitted to a treadmill exercise test on February 2,1982, and did not exhibit any of the responses mentioned in the listing.

Claimant contends that his treadmill exercise test was not “acceptable” under § 4.00 G.2 because a heart rate of at least “85 percent of the maximum predicted heart rate” was not achieved during the test. However, § 4.00 G.2 requires exercise to that heart rate “unless it becomes hazardous to exercise to the heart rate.” The medical advisor, Dr. Most, testified at the hearing that the test was acceptable, and emphasized that such tests require subjective, on-the-spot evaluation by the tester. In claimant’s case, the tester noted claimant’s dropping blood pressure and subjective complaints of “3 + fatigue and hollow pressure” in his heart. Accordingly, as Dr. Most testified, the tester elected to terminate the test because “you can’t force the patient or push the patient to exercise beyond the weakness he feels.” The Secretary was entitled to rely on this opinion of the medical advisor in finding the test acceptable under § 4.00 G.2. See Rodriguez v. Secretary of Health and Human Services, 647 F.2d 218, 223-24 (1st Cir.1981); Guzman Diaz v. Secretary of Health, Education and Welfare, 613 F.2d 1194, 1199 n. 7 (1st Cir.1980).

Claimant next attacks the Secretary’s finding that claimant could return to his former work as a labeller and, accordingly, was not disabled at step 4 of the sequential evaluation process, 20 C.F.R. § 404.1520(e). Claimant first asserts that he worked as a labeller for only three months, too short a time for that work to be considered “past relevant work” for purposes of § 404.1520(e). Under applicable regulations, however, past work experience may be considered if it “lasted long enough for [claimant] to learn to do it____” 20 C.F.R. § 404.1565(a). Social Security Ruling 82-62 provides that the duration of work “should have been sufficient for the worker to have learned the techniques, acquired information, and developed the facility needed for average performance in the job situation. The length of time this would take depends on the nature and complexity of the work.” West’s Social Security Reporting Service, Rulings, at 810. Claimant introduced no evidence to suggest that three months is insufficient time to learn to perform labelling work. Although a vocational expert did testify that claimant’s work as a labeller would not be vocationally relevant if claimant “brought no experience to the position and was supervised,” claimant introduced no evidence that he entered the position without any helpful experience whatsoever or that he did not operate independently in the position. Yet at step 4, the burden was on claimant to demonstrate inability to perform his former work, Lopez-Diaz v. Secretary of Health and Human Services, 673 F.2d 13, 15 (1st Cir.1982), and, specifically, to clarify the nature of his former work to support his contention that it was too short in duration to be relevant. See Gray v. Heckler, 760 F.2d 369, 372 (1st Cir.1985); Pitchard v. Schweiker, 692 F.2d 198, 201 (1st Cir.1982).

Moreover, given the relatively straightforward and uncomplicated nature of the work — putting labels on garments— we cannot say that the Secretary was unreasonable in assuming it could be adequately learned in three months in ordinary circumstances. Accordingly, we find substantial evidence to support the Secretary’s determination that the duration of claimant’s prior work as a labeller was sufficient for that work to constitute “past relevant work” for purposes of 20 C.F.R. § 404.-1520(e).

[*795] The Secretary determined that although claimant could not perform all of the actual duties of his former job as a labeller (because, for example, they included climbing ladders), claimant nevertheless could perform the customary duties of labelling work (which do not include climbing). The Secretary was correct in so framing his inquiry, since a claimant “does not make a prima facie showing of disability merely by establishing that she cannot return to a particular prior job,” but rather “must establish an inability to return to her former type of work.” Gray v. Heckler, 760 F.2d 369, 372 (1st Cir.1985) (emphasis in original); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160 (1st Cir.1975). The Secretary permissibly credited interrogatory responses of a vocational expert stating that the labelling job is usually sedentary in terms of lifting and carrying requirements (i.e., involves lifting no more than 10 pounds at a time, see 20 C.F.R. § 404.1567(a)), is usually performed in the sitting position, involves operation of foot and hand controls, may require the labeller to stand and walk 5-10 feet to obtain materials, and does not usually require climbing.

Substantial evidence of record supported the Secretary’s finding that claimant could perform labelling work, as described by the vocational expert, despite his heart condition. Dr. Urban, a consulting internist, evaluated claimant’s residual functional capacity and concluded that he could sit for eight hours, stand four hours, walk three hours, and lift or carry 10 pounds frequently. Dr. Urban also stated that claimant “possibly” could use his feet for repetitive movements, as in pushing and pulling of leg controls. Dr. Mancini, another consulting internist, found that claimant “could probably do a full range of light work.” Light work hy definition involves “some pushing or pulling of arm or leg controls.” 20 C.F.R. § 404.1567(b). Although there was no additional record evidence to suggest that claimant could operate foot controls, the burden at step 4 of the sequential evaluation process was, again, on claimant to show that he could not perform his past work. Lopez-Diaz, supra, 673 F.2d at 15. Claimant introduced no medical evidence specifically suggesting inability to operate foot controls. Claimant relied solely on his own testimony of numbness in his legs, testimony which Dr. Most, the medical advisor, stated was somewhat inconsistent with the results of claimant’s treadmill test. Dr. Most testified that “one wouldn’t expect [claimant’s] cardiac disability would lead to such a fragile symptomatic condition.” Accordingly, we conclude that the Secretary’s finding that claimant had not demonstrated inability to return to work as a labeller was adequately supported by the evidence of record. In view of this holding, claimant’s insistence that he proved he cannot perform the full range of light work is irrelevant.

In denying benefits, the AU specifically found no basis for reopening the Secretary’s prior denial of benefits, of which claimant did not seek judicial review. This decision not to reopen the prior application is not subject to judicial review by this court. 42 U.S.C. § 405(g) authorizes judicial review of “any final decision of the Secretary made after a hearing____” It is well-settled that, because the “final decision of the Secretary” refers to the Secretary’s initial substantive decision on a claim for benefits, § 405(g) “cannot be read to authorize judicial review of alleged abuses of agency discretion in refusing to reopen claims for social security benefits.” Califano v. Sanders, 430 U.S. 99, 107-08, 97 S.Ct. 980, 985, 51 L.Ed.2d 192 (1977); Rios v. Secretary of Health, Education and Welfare, 614 F.2d 25 (1st Cir.1980). Although judicial review may be afforded in “rare instances where the Secretary’s denial of a petition to reopen is challenged on constitutional grounds,” Califano, supra, 430 U.S. at 109, 97 S.Ct. at 986, claimant has raised no colorable constitutional issues here.

In any event, the prior application covered only a period of twelve days (November 14-26, 1980) beyond the time covered by the second application. The second AU, rather than invoke the doctrine of res judicata, considered the entirety of claimant’s[*796] second application de novo despite the substantial overlap with the prior decision. Since the second AU reached a finding of no disability that we now uphold, claimant has little basis for complaint about the prior decision.

The judgment of the district court is affirmed.