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ROSE v. SHALALA

No. 94-1013.

34 F.3d 13 (1994)

Gary M. ROSE, Plaintiff, Appellant, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, United States of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 7, 1994.

Attorney(s) appearing for the Case

Bernard A. Kansky, on brief for appellant.

Donald K. Stern, U.S. Atty., Charlene A. Stawicki, Sp. Asst. U.S. Atty., and Jessie M. Klyce, Asst. Regional Counsel, Dept. of Health and Human Services, on brief for appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

SELYA, Circuit Judge.

Claimant Gary Rose filed an application for Social Security disability benefits on August 13, 1990, alleging chronic fatigue syndrome (CFS), back pain, and a mental condition. After a hearing, an Administrative Law Judge (ALJ) conceded that claimant had a severe impairment or impairments that precluded his return to his former job as a grocery clerk required to do medium-to-heavy work. The ALJ found, however, that despite claimant's exertional...

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