David Wright v. Jo Anne B. Barnhart, Commissioner of Social Security Administration

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-2420
DAVID WRIGHT,
Plaintiff, Appellant,
v.
JO ANNE B. BARNHART,
COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Marianne B. Bowler, U.S. Magistrate Judge]
Before
Torruella, Selya and Lipez,
Circuit Judges.
David F. Bander on brief for appellant.
Christopher Alberto, Assistant U.S. Attorney, and Michael J.
Sullivan, United States Attorney, on brief for appellee.
April 11, 2006

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Per Curiam. The notice of appeal in this case appears to
have been filed one day late. The appeal is therefore untimely.
Even if the appeal were properly before us, it would fail
for substantially the reasons stated by the district court. Among
other problems, the administrative law judge (ALJ) reasonably could
have discounted the extreme limitations mentioned in Dr. Hacker’s
residual functional capacity report and the appellant’s testimony.
They were not corroborated by the record or by the reports of other
treating physicians. See 20 C.F.R. § 404.1527(d). Since the
appellant failed to establish that his limitations precluded his
past work, substantial evidence supported the ALJ’s determination
that he was not disabled. Rodriquiz Pagan v. Sec’y of Health &
Human Serv., 819 F.2d 1 (1 Cir. 1987). st
Dismissed. 1st Cir. R. 27(c).

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