Ernesto Del Valle TORRES, Plaintiff, Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellee, 870 F.2d 742 (1st Cir. 1989). · Go Syfert
Ernesto Del Valle TORRES, Plaintiff, Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellee, 870 F.2d 742 (1st Cir. 1989). Cases Citing This Book View Copy Cite
76 citation events (56 in the last 25 years) across 10 distinct courts.
Strongest positive: LUIS D. GONZÁLEZ-GALBÁN v. FRANK BISIGNANO, Commissioner of the Social Security Administration (prd, 2025-11-03)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) LUIS D. GONZÁLEZ-GALBÁN v. FRANK BISIGNANO, Commissioner of the Social Security Administration
D.P.R. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is the claimant's burden to show that he has an impairment or impairments which meets or equals a listed impairment in appendix 1.
discussed Cited as authority (verbatim quote) Scott M v. Kijakazi (2×) also: Cited "see"
D.R.I. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is the claimant's burden to show that he has an impairment or impairments which meets or equals a listed impairment
discussed Cited as authority (verbatim quote) Rosado v. Saul
D. Mass. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
no report contained the slightest hint of a medical opinion indicating that the claimant's impairment would preclude him from substantial gainful activity as defined in the act.
discussed Cited as authority (quoted) Berlingeri-Otero v. Commissioner of Social Security (2×) also: Cited as authority (rule)
D.P.R. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
we are not favorably disposed towards one who remains silent when he had the opportunity (and the burden) to inquire and then faults the medical advisor for failure to explain his testimony.
discussed Cited as authority (rule) Russell v. Commissioner Social Security Administration
D. Or. · 2024 · confidence medium
Nevertheless, Plaintiff cites Torres v. Secretary of Health & Human Services, 870 F.2d 742, 744 (1st Cir. 1989), to persuade the Court that a non- examining doctor called to testify as a medical expert at the administrative hearing may be due greater weight because they are subject to cross-examination.
discussed Cited as authority (rule) Laurenzana v. Kijakazi
D. Alaska · 2022 · confidence medium
Next, the ALJ concluded that Dr. Bursell’s own examinations in August 2017 and March 2018 were “normal” because Plaintiff 67 Andrews v. Shalala, 53 F.3d 1035, 1042 (citing Torres v. Sec’y of H.H.S., 870 F.2d 742, 744 (1st Cir. 1989)). 68 Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir. 2002). 69 See Revels v. Berryhill, 874 F.3d 648, 654 (9th Cir. 2017). 70 Mayes v. Massanari, 276 F.3d 453, 459 (9th Cir. 2001). 71 Garrison v. Colvin, 759 F.3d 995, 1009 (9th Cir. 2014). exhibited “a normal gait, [Plaintiff] could walk on her heels and toes, squat and rise without using her hands, and h…
discussed Cited as authority (rule) Guthert v. Kijakazi
D. Alaska · 2022 · confidence medium
Dr. Slobodian provided care after Plaintiff’s motor vehicle accident on March 20, 2013, and continued care after a second car accident on June 4, 2016.68 On June 16, July 22, August 8, August 12, August 23, September 23, October 24, and November 28, 2016, Dr. Slobodian opined that Plaintiff was capable of sedentary work for a six-hour workday.69 64 20 C.F.R. §§ 404 .1513a(b), 416.913a(b). 65 Garrison, 759 F.3d at 1012 . 66 Andrews v. Shalala, 53 F.3d 1035, 1042 (citing Torres v. Secretary of H.H.S., 870 F.2d 742, 744 (1st Cir. 1989)). 67 Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir. 2002…
discussed Cited as authority (rule) Mastronardi v. Saul
D. Mass. · 2022 · confidence medium
Claimant has “the burden of showing that he satisfied a Listing by showing that he satisfied the Listing’s specific criteria.” Arrington v. Berryhill, No. 17-1047, 2018 WL 818044 , at *1 (1st Cir. Feb. 5, 2018) (first citing 20 C.F.R. § 404.1525 (c)(3) then citing Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989)).
cited Cited as authority (rule) Rivera-Quiles v. Commissioner of Social Security
D.P.R. · 2022 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
discussed Cited as authority (rule) Kane C. v. Kijakazi
D.R.I. · 2022 · confidence medium
Mindful that Plaintiff bears the burden to show that he has an impairment or a combination of impairments that meets or equals a listing, Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989), I find that there is no error in the ALJ’s conclusion that 8 Plaintiff also asks the Court to reject the findings of the non-examining physicians in reliance on Rose v. Shalala, 34 F.3d 13 (1st Cir. 1994).
discussed Cited as authority (rule) Pedersen v. Kijakazi
D. Alaska · 2021 · confidence medium
Plaintiff also reported a pain level of 6/10 with medication on that date.115 The ALJ also cited treatment visits at which Plaintiff reported using less than nine tablets of Imitrex per month and reported increased mobility and function.116 However, as shown 112 Andrews v. Shalala, 53 F.3d 1035, 1042 (citing Torres v. Secretary of H.H.S., 870 F.2d 742, 744 (1st Cir. 1989)). 113 Regennitter v. Comm’r of the Soc.
cited Cited as authority (rule) Richardson v. US Social Security Administration, Commissioner
D.N.H. · 2021 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
cited Cited as authority (rule) Diane Lynn Richardson v. P Andrew Saul, Commissioner, U.S. Social Security Administration
D.N.H. · 2021 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
cited Cited as authority (rule) Motuzas v. US Social Security Administration, Commissioner
D.N.H. · 2021 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
cited Cited as authority (rule) Julie Motuzas v. P Andrew Saul, Commissioner, U.S. Social Security Administration
D.N.H. · 2021 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
discussed Cited as authority (rule) Robinson v. Saul
D. Alaska · 2020 · confidence medium
Based on his treatment, Dr. Martino opined in 2007 that Plaintiff was disabled due to brain dysfunction resulting from cardiac surgery.128 Again, in 2015, Dr. Martino opined that Plaintiff “cannot be gainfully employed because of his multiple strokes.” Further, he opined that if Plaintiff 123 Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005). 124 20 C.F.R. §§ 404 .1513a(b), 416.913a(b). 125 Garrison, 759 F.3d at 1012 . 126 Andrews v. Shalala, 53 F.3d 1035, 1042 (citing Torres v. Secretary of H.H.S., 870 F.2d 742, 744 (1st Cir. 1989)). 127 Thomas v. Barnhart, 278 F.3d 947, 957 (9th…
discussed Cited as authority (rule) Christiansen v. Saul
D. Alaska · 2020 · confidence medium
The opinions of agency physician consultants may be considered medical opinions, and their findings and evidence are treated similarly to the medical opinion of any other source.190 “The weight afforded a non-examining physician’s testimony depends ‘on the degree to which [s]he provides supporting explanations for [her] opinions.’”191 Greater weight may also be given to the opinion of a non-examining expert who testifies at a hearing because he is subject to cross examination.192 In this case, the ALJ discounted the testimony of medical expert Jennifer Tippett, Psy.D., at the Septemb…
cited Cited as authority (rule) Colon v. Commissioner of Social Security
D.P.R. · 2020 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
discussed Cited as authority (rule) Cardenas v. Saul
E.D. Wash. · 2020 · confidence medium
After reviewing the medical record, Dr. Jahnke opined Plaintiff 10 suffered from the severe impairments of atopic dermatitis and mild obesity and 11 concluded Plaintiff’s low back pain, flatfeet, and right ankle fracture were non-severe 12 and produced no more than minimal limitation in Plaintiff’s ability to perform basic 13 14 15 35 See 20 C.F.R. § 404.1502 (For claims filed before March 27, 2017, acceptable 16 medical sources are licensed physicians, licensed or certified psychologists, licensed 17 optometrists, licensed podiatrists, qualified speech-language pathologists, licensed 18 …
cited Cited as authority (rule) Robins v. Berryhill
D. Mass. · 2020 · confidence medium
Arrington v. Berryhill, No. 17-1047, 2018 WL 818044 (1st Cir. Feb. 5, 2018) (quoting Torres v. Sec'y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989)).
discussed Cited as authority (rule) Gilbert v. Saul
D. Alaska · 2020 · confidence medium
She discounted Dr. Downs’s opinion that Ms. G.’s “condition was debilitating both directly as a result of the vertigo and also probably contributing to her perceived cognitive impairment” for the following reasons: (1) the opinion was “very vague;” (2) Dr. Downs “did not provide any 100 Reddick v. Chater, 157 F.3d 715, 725 (9th Cir. 1998) (internal citations omitted). 101 20 C.F.R. §§ 404 .1513a(b), 416.913a(b). 102 Garrison, 759 F.3d at 1012 . 103 Andrews v. Shalala, 53 F.3d 1035, 1042 (citing Torres v. Secretary of H.H.S., 870 F.2d 742, 744 (1st Cir. 1989)). 104 A.R. 92–109…
cited Cited as authority (rule) Ferguson v. Berryhill
D. Mass. · 2020 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
cited Cited as authority (rule) Brock v. Saul
E.D. Wash. · 2019 · confidence medium
Id. at 1042 (citing Torres v. Sec’y of H.H.S., 870 F.2d 742, 744 (1st 7 Cir. 1989)).
discussed Cited as authority (rule) Larsen v. Saul
D. Alaska · 2019 · confidence medium
In his report, Dr. Campbell noted that Ms. Larsen, “had to be coaxed to give maximum effort.” However, Dr. Campbell provided no function limitations, but noted that Ms. Larsen had found psychotherapy “to be quite 139 Bayliss, 427 F.3d at 1216 . 140 20 C.F.R. §§ 404 .1513a(b). 141 Garrison, 759 F.3d at 1012 (quoting Lester, 81 F.3d at 830 ). 142 Andrews v. Shalala, 53 F.3d 1035, 1042 (citing Torres v. Secretary of H.H.S., 870 F.2d 742, 744 (1st Cir. 1989)). 143 Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir. 2002).
cited Cited as authority (rule) Byron v. US Social Security Administration, Acting Commissioner
D.N.H. · 2019 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989) (per curiam).
cited Cited as authority (rule) Keach v. Berryhill
D. Mass. · 2018 · confidence medium
Mass. 2016), aff’d sub nom.Arrington v. Berryhill, No. 17-1047, 2018 WL 818044 (1st Cir. Feb. 5, 2018) (quoting Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989)).
cited Cited as authority (rule) Camp v SSA
D.N.H. · 2017 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
cited Cited as authority (rule) Arrington v. Colvin
D. Mass. · 2016 · confidence medium
Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989).
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)).
discussed Cited as authority (rule) Hidalgo-Rosa v. Colvin
D.P.R. · 2014 · signal: cf. · confidence medium
Cf. Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 744 (1st Cir.1989) (per curiam) (noting that ALJ may afford greater weight to the opinion of a nonexamining expert who, like Dr. Malaret, testified at hearing and was cross-examined).
cited Cited as authority (rule) Nichols v. Comm., SSA
D.N.H. · 2012 · confidence medium
Torres v. Sec'y of Health & Human Servs.. 870 F.2d 742, 745 (1st Cir. 1989).
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) Pires v. Astrue
D. Mass. · 2008 · confidence medium
LEXIS 24091, at *10-*13 (1st Cir. Sept. 2, 1994) (unpublished) (rejecting objection that DOT numbers were not used in part because counsel did *26 not object to omission at the hearing); Torres v. Sec’y of Health & Human Servs., 870 F.2d 742, 746 (1st Cir.1989) (finding ALJ’s questioning adequate where claimant had chance to examine vocational expert himself but did not do so).
discussed Cited as authority (rule) Brant v. Barnhart
D. Kan. · 2007 · confidence medium
Lopez v. Apfel, 1997 WL 758831 at *2 (10th Cir. Dec. 9, 1997) (ALJ properly relied on opinions of medical advisor and consulting physicians who disagreed with treating physician on issue of disability); Torres v. Secretary of HHS, 870 F.2d 742, 744 (1st Cir.1989) (the testimony of a medical advisor who reviews the record, testifies and is subject to cross-examination may constitute substantial evidence depending on the circumstances, including the nature of the illness and the information provided to the advisor).
discussed Cited as authority (rule) Porcher v. Barnhart
D. Mass. · 2005 · signal: cf. · confidence medium
Cf. Torres v. Sec. of Health and Human Services, 870 F.2d 742, 745 (1st Cir.1989) (“[T]he ALJ must determine what evidence he credits in order to pose a hypothetical which will be relevant and helpful.”) 9 Such credibility determinations are left to the ALJ.
cited Cited as authority (rule) Wrenn v. SSA
D.N.H. · 2005 · confidence medium
Torres v. Sec'y of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989) (per curiam).
cited Cited as authority (rule) Demeritt v. SSA
D.N.H. · 1999 · confidence medium
Torres v. Secretary of Health and Human Services, 870 F.2d 742, 745 (1st Cir. 1989).
cited Cited as authority (rule) Weiler v. Shalala
D. Mass. · 1996 · confidence medium
See Santiago v. Secretary of Health and Human Services, 944 F.2d 1, 5 (1st Cir.1991); Torres v. Secretary of Health and Human Services, 870 F.2d 742, 745 (1st Cir.1989).
cited Cited as authority (rule) Garcia v. SHHS
1st Cir. · 1994 · confidence medium
Torres v. Secretary of Health & Human Servs., ______ ___________________________________ 870 F.2d 742, 745 (1st Cir. 1989) (per curiam).
cited Cited as authority (rule) Garcia v. SHHS
1st Cir. · 1994 · confidence medium
Torres v. Secretary of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989) (per curiam).
cited Cited as authority (rule) Baez v. SHHS
1st Cir. · 1994 · confidence medium
Torres v. ______ Secretary of Health & Human Servs., 870 F.2d 742, 745 (1st ____________________________________ Cir. 1989) (per curiam).
cited Cited as authority (rule) Baez v. SHHS
1st Cir. · 1994 · confidence medium
Torres v. Secretary of Health & Human Servs., 870 F.2d 742, 745 (1st Cir. 1989) (per curiam).
cited Cited as authority (rule) Ramirez Morales v. SHHS
1st Cir. · 1993 · confidence medium
Torres v. Secretary ______ _________ of HHS, 870 F.2d 742, 746 (1st Cir. 1989). ______ ____________________ 2.
cited Cited as authority (rule) Ramirez Morales v. SHHS
1st Cir. · 1993 · confidence medium
Torres v. Secretary of HHS, 870 F.2d 742, 746 (1st Cir. 1989). 2.
discussed Cited as authority (rule) Morin v. Secretary of Health & Human Services
D.N.H. · 1992 · confidence medium
However, while the court unfortunately muddied the analytical waters with this suggestion, erroneous under controlling law in this circuit, see, e.g., Torres v. Secretary, 870 F.2d 742, 744 (1st Cir.1989), it was made only in the alternative.
discussed Cited as authority (rule) Paulina Berrios Lopez v. Secretary of Health and Human Services
1st Cir. · 1991 · confidence medium
Rodriguez v. Secretary of Health and Human Services, 893 F.2d 401 (1st Cir.1989); Torres v. Secretary of Health and Human Services, 870 F.2d 742, 744 (1st Cir.1989); Guzman Diaz v. Secretary of Health, Education and Welfare, 613 F.2d 1194 , 1199 n. 7 (1st Cir.1980).
discussed Cited as authority (rule) Monserrate Rodriguez-Torres v. Secretary of Health and Human Services
1st Cir. · 1990 · confidence medium
Rodriguez v. Secretary of Health and Human Services, 893 F.2d 401 (1st Cir.1989); Torres v. Secretary of Health and Human Services, 870 F.2d 742, 744 (1st Cir.1989); Guzman Diaz v. Secretary of Health, Education and Welfare, 613 F.2d 1194 , 1199 n. 7 (1st Cir.1980). 8 We find that the circumstances of this case warrant affirming the Secretary's acceptance of Dr. Anduze's findings as substantial evidence of claimant's residual functional capacity, even in the face of contrary findings by an examining physician.
discussed Cited as authority (rule) Alida RODRIGUEZ, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
1st Cir. · 1989 · confidence medium
This court has stated that “whether the testimony of a medical advisor who reviews the record and testifies at the hearing can itself alone constitute substantial evidence varies with the circumstances, including the nature of the illness and the information provided to the advisor.” Torres v. Secretary of Health and Human Services, 870 F.2d 742, 744 (1st Cir.1989).
discussed Cited "see" Sarah S. v. Frank Bisignano, Commissioner of the Social Security Administration
D. Alaska · 2025 · signal: see · confidence high
See 20 C.F.R. § 404.614 . 72 Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005). 73 20 C.F.R. §§ 404 .1513a(b), 416.913a(b), 404.1527(e), 416.927(e). 74 Garrison, 759 F.3d at 1012 (alterations omitted). 75 Andrews v. Shalala, 53 F.3d 1035, 1042 (citing Torres v. Secretary of H.H.S., 870 F.2d 742, 744 (1st Cir. 1989)). 76 Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir. 2002).
cited Cited "see" Jasic v. Kijakazi
E.D. Wash. · 2022 · signal: see · confidence high
See Andrews, 5 53 F.3d at 1042 (citing Torres v. Sec’y of H.H.S., 870 F.2d 742, 744 (1st Cir. 6 1989)).
Retrieving the full opinion text from the archive…
25 soc.sec.rep.ser. 206, unempl.ins.rep. Cch 14558a Ernesto Del Valle Torres
v.
Secretary of Health and Human Services
88-1474.
Court of Appeals for the First Circuit.
Jan 12, 1989.
870 F.2d 742
1989 U.S. App. LEXIS 3415
1989 WL 24445
Rafael Carreras-Valle, Rio Piechas, P.R. on brief, for plaintiff, appellant., Nancy B. Salafia and Geraldine Campi-nell, Asst. Regional Counsel, Dept, of Health and Human Services, Charlestown, Mass., Daniel F. Lopez Romo, U.S. Atty., and Jose B. Blanco, Asst. U.S. Atty., Hato Rey, P.R., on brief, for defendant, appellee.
Campbell, Breyer, Torruella.
Cited by 69 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: D. Puerto Rico (1)
PER CURIAM.

The claimant, Ernesto Del Valle Torres, has appealed a district court judgment, which affirmed a decision of the Secretary of Health and Human Services (the Secre[*743] tary) denying the claimant’s application for disability insurance benefits under the Social Security Act, 42 U.S.C. § 401 et seq., (the Act). We affirm.

The claimant alleged disability primarily due to a visual impairment caused by cataracts. The claimant applied for benefits on March 20, 1986, alleging he had been disabled since November 80, 1984. The claimant is 60 years of age, attended school through the ninth grade, and previously had worked for at least fifteen years as a waiter. His earnings record indicates that he worked through 1980 and then for a brief period in 1982. (Transcript, hereinafter “Tr.”, at 64.) He also worked for approximately six months in 1984 as a carpenter’s helper.

The administrative law judge (AU) determined that the claimant has severe bilateral surgical aphakia [1] and bilateral am-blyopia. [2] The AU further concluded that, although the claimant’s impairment prevents him from working with small objects and reading small print, the claimant’s past relevant work as a waiter did not require the performance of activities precluded by these limitations. Therefore, the AU ruled that the claimant’s impairment does not prevent the claimant from performing his past relevant work, and he does not have a disability as defined in the Act.

The evidence submitted at the hearing before the AU indicates that the claimant had cataracts removed from both eyes sometime in 1981. Apparently, the claimant had cataract surgery on his right eye in April 1981. The medical evidence is more complete as to the cataract surgery on the claimant’s left eye, which occurred in December 1981. He was discharged after that surgery with a prognosis of “good.” (Tr. 97.) Dr. Luis Vazquez, who performed the surgery, reported that, three months later, the claimant’s visual acuity with correction was 20/20 for each eye. (Tr. 101-103; 127.) Dr. Vazquez’ report, dated October 27,1986, states that the claimant had been fitted with contact lenses which he apparently tolerated well, that the last time that Dr. Vazquez had examined the claimant was in April 1983 and that at that time the claimant was using contact lenses with good vision and without problems. (Tr. 127.) An ophthalmology evaluation conducted by Dr. Valeriano Alicea Cruz on April 21, 1986 reported the claimant’s vision after correction as 20/60 for the right eye and 20/30 for the left eye. (Tr. 115-16.) The remainder of the evaluation reported essentially normal findings, except for “mild pigmentary disruption in macu-lar [3] area” of the fundus [4] of the right eye. (Id.) The diagnosis was bilateral surgical aphakia in good order and mild maculopa-thy in the right eye and the prognosis was good. (Id.) The evaulation noted that the claimant “is happy using extended wear soft lens” in each eye. (Id.)

The claimant testified at the hearing to the following. He has difficulty seeing in low light such as to write orders. Bright sunlight also bothers his eyes. He has problems with his contact lenses moving when in place. He gets infections from his lenses but does not see very clearly even when there is no infection. He also wears glasses which have thick lenses and which give him problems when walking down steps. (Tr. 32-41.) In a written report, the claimant stated that he takes long walks, can read if there is considerable light, and can drive by day on good roads for short distances. (Tr. 70.)

Dr. Victor Diaz Bonet, an ophthalmologist, testified as a medical advisor at the hearing. Dr. Diaz reviewed the record and[*744] heard the claimant’s testimony. Dr. Diaz testified that the claimant appears to have good vision for a person who had cataract surgery. No damage was reported in the ocular system aside from the cataract surgery. The claimant’s impairment does not meet the listing for sensory disability in 20 C.F.R. Part 404, Subpart P, Appendix 1, § 2.00 et seq. Difficulty in adjusting to the thick lenses on the eyeglasses is common, such as problems in depth perception in descending stairs while wearing them, but that the majority of people manage to overcome this “series of inconveniences.” Dr. Diaz testified that with the remaining vision that the claimant has, as reported in the examinations, and using contact lenses, the claimant should not be having the problems he related. Although a person who has cataract surgery always develops sensitivity toward light, he would not expect a person with surgery and subsequent examination results like the claimant to have a serious problems with light sensitivity, and based on the record reports, the claimant should not have any greater difficulty in seeing at night than during the day. (Tr. 41-46; 49-50.)

A vocational expert (VE) also testified at the hearing. The VE reviewed the claimant’s file and heard the claimant’s testimony. The VE described the job of waiter as semi-skilled, requiring fine manipulation of fingers, being able to talk with people, manipulate and reach objects, bend over, walk and stand most of the time, and is usually performed indoors, although if a particular restaurant has an outside terrace, a waiter would be expected to serve there as well. The VE concluded that the claimant could perform his past relevant work as a waiter or an equivalent type of work such as helping in the bar, as a busboy, or, since the claimant had substantial years of experience, as a table captain who receives the restaurant patron. (Tr. 46-49.)

On appeal, the claimant argues that the testimony of the medical advisor is entitled to less weight than the reports of the examining physicians. The claimant cites this circuit’s case of Browne v. Richardson, 468 F.2d 1003, 1006 (1st Cir.1972), which concluded that the report of a non-examining medical advisor, who does not testify at the hearing before the ALJ, while admissible, cannot itself alone constitute the substantial evidence needed to support the Secretary’s finding of nondisability. The claimant’s argument is misplaced for several reasons. First, the medical advisor in this case did, in fact, testify and was subject to cross-examination. Second, we have stated that whether the testimony of a medical advisor who reviews the record and testifies at the hearing can itself alone constitute substantial evidence varies with the circumstances, including the nature of the illness and the information provided to the advisor. Guzman Diaz v. Secretary of Health, Education and Welfare, 613 F.2d 1194, 1199 n. 7 (1st Cir.1980). Third, it is evident that the Secretary’s finding of non-disability was not based solely on the medical advisor’s testimony. Fourth, and perhaps most significantly, the opinion of the medical advisor was completely consistent with the opinions of the examining physicians. All physicians essentially reported that the claimant had good results from his cataract surgery and that his prognosis was good. No report contained the slightest hint of a medical opinion indicating that the claimant’s impairment would preclude him from substantial gainful activity as defined in the Act. The claimant’s argument, therefore, that the medical advisor’s testimony deserves “less weight” is unfathomable and, unfortunately, appears to have been made without thought to the actual facts of this case.

The claimant also faults the medical advisor’s testimony as failing to explain how the claimant does not meet the listing of sensory impairments, such as 20 C.F.R. Part 404, Subpart P, Appendix 1, § 2.04:

Loss of visual efficiency. Visual efficiency of better eye after best correction 20 percent or less. (The percent of remaining visual efficiency = the product of the percent of remaining central visual efficiency and the percent of remaining visual field efficiency.)

[*745] First, we note that it is the claimant’s burden to show that he has an impairment or impairments which meets or equals a listed impairment in Appendix 1. Dudley v. Secretary of Health and Human Services, 816 F.2d 792, 793 (1st Cir.1987). If the claimant believes that the medical ad-visor’s opinion as to whether the claimant meets a listed impairment is deficient in supporting explanation, we believe that encompassed within this burden is an obligation by the claimant to probe the basis for the medical advisor’s conclusion at the time of his testimony. The claimant had the opportunity at the hearing to question the medical advisor as to the basis for his opinion that the claimant’s impairment did not meet the requirements of a listed impairment in Appendix 1. He did not do so. We are not favorably disposed towards one who remains silent when he had the opportunity (and the burden) to inquire and then faults the medical advisor for failure to explain his testimony. Moreover, even on appeal, the claimant presents no substantive argument indicating how he, allegedly, does meet a sensory impairment as listed in Appendix 1. In any event, in light of the medical evidence, to which the medical ad-visor referred to in his testimony, all of which categorized the claimant’s remaining visual acuity after surgery as good, and the medical advisor’s testimony that the examinations evidenced an “almost normal” field of vision, we are not persuaded that the medical advisor failed to explain his testimony so as to warrant remand or reversal.

The claimant also challenges the testimony of the VE. After the VE was sworn and his qualifications as a vocational expert accepted, the following interchange between the AU and the VE occurred: AU: ... Did you read the file?

VE: Yes, I read the whole thing.
AU: And you heard the claimant’s testimony and that of the doctor?
VE: Yes, I heard them both.
AU: Aha, what is your opinion of this man being able to perform his past job or another one in the national economy, considering his age, his education and his work experience and give me your basis for them [sic].

The claimant criticizes this last quoted question as “fail[ing] to include all characteristics applicable to the [claimant] if supported by evidence of record.” Brief at 13. The criticism apparently suggests that the AU may not refer to the entire file and the testimony in general when soliciting the VE’s opinion but rather must pose a hypothetical question which lists in a delineated fashion specific characteristics of the claimant and his impairment. As a broad proposition, this criticism may have some validity. In cases where the medical evidence is voluminous and conflicting, it may be unreasonable to assume that a VE is able to remember all of a claimant’s impairments simply by being referred to the record, see Whitmore v. Bowen, 785 F.2d 262, 263-64 (8th Cir.1986), and the AU must determine what evidence he credits in order to pose a hypothetical which will be relevant and helpful. See Arocho v. Secretary of Health and Human Services, 670 F.2d 374, 375 (1st Cir.1982). Whatever the validity of the criticism in general, however, (a point we need not determine here), we find no fault with the question as phrased by the AU in this case. The medical record was relatively limited. It dealt substantially with only one claimed impairment, [5] the claimant’s vision, and the evidence was completely consistent. The record was not so large and/or ambiguous[*746] that any attempt by the YE to synthesize all the evidence would be so obviously unwieldy and would yield an inherently unreliable response. Moreover, if the claimant found the question as phrased inadequate, he should have posed his own hypothetical. We note that, although given the opportunity, the claimant had no questions for the VE at all.

Finally, the claimant claims that it is inconsistent for the AU to conclude that the claimant is precluded from performing jobs which entail very good vision, such as working with small objects or reading small print, and yet can do his past relevant work as a waiter. The claimant asks this court to take judicial notice that waiters must read menus, sometimes in low light, write orders, and read and process credit cards. Assuming that it is appropriate for us to take judicial notice of these facts and, further, that these facts demonstrate that a waiter with the limitations as accepted by the AU would be unable to perform these usual tasks, the claimant’s argument is, nonetheless, unavailing. The claimant must show that he cannot perform his past type of work. Pelletier v. Secretary of H.E.W., 525 F.2d 158, 160 (1st Cir.1975). The VE testified, with justification we believe, that the occupation of “waiter” includes busboy and table captain and that, based on the record evidence, the claimant, even with his limitations, could perform the type of work encompassed within the category of waiter.

We have considered the remainder of the claimant’s arguments on appeal and find them meritless and unwarranting of further discussion.

AFFIRMED.

1

. Absence of the lens of the eye; it may occur congenitally or from trauma, but is most commonly caused by extraction of a cataract. The Sloane-Dorland Annotated Medical-Legal Dictionary 44 (1987).

2

. Dimness of vision without detectable organic lesion of the eye. The Sloane-Dorland Annotated Medical-Legal Dictionary 21 (1987).

3

. Macula retinae is "an irregular yellowish depression on the retina, about 3 degrees wide, lateral to and slightly below the optic disk.” The Sloane-Dorland Annotated Medical-Legal Dictionary 428 (1987).

4

. The back portion of the interior of the eyeball, as seen by means of the ophthalmoscope. The Sloane-Dorland Annotated Medical-Legal Dictionary 303 (1987).

5

. The AU also concluded that an x-ray study indicated that the claimant has bilateral ne-phrolithiasis. Nephrolithiasis is a condition marked by the presence of renal calculi (an abnormal concretion occurring within the kidney and usually composed of mineral salts). Dorland’s Illustrated Medical Dictionary 237, 989 (24th ed. 1965). There was no evidence of any deterioration of the claimant’s renal function. There is substantial evidence to support the AU’s conclusion that the claimant was not disabled by this condition, alone or in combination with his visual impairment.

Although in his request for a hearing, the claimant alleged that he was unable to work due to his physical and mental conditions (Tr. 61), the AU correctly found the evidence of a mental disability to be deficient, and the claimant does not press this allegation on appeal.