Cuevas

875 F.2d 870 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David CUEVAS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. No. 88-5680. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1988. * Decided May 24, 1989. Before BROWNING, SCHROEDER, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 David Cuevas appeals summary judgment for the government in his action for judicial review of a denial of disability benefits. We reverse in part and remand for further administrative proceedings. 3 The Secretary found appellant could no longer perform his previous job, and therefore bears the burden of showing appellant is employable. Perry v. Heckler, 722 F.2d 461, 464 (9th Cir.1983). 4 We reject appellant's contention that the Appeals Council's finding that appellant "retains the capacity for repetitive bending and stooping" is not supported by substantial evidence. As the Appeals Council noted,…