Nena W. RODRIGUEZ, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Bad Law
876 F.2d 759·1989 WL 55739·1989 U.S. App. LEXIS 7491
United States Court of Appeals for the Ninth CircuitMay 30, 198987-2719California2,458 words

Opinion

Opinion

Reinhardt, J.

Nena Rodriguez, the claimant, appeals from summary judgment in favor of the Secretary of Health and Human Services affirming the Secretary’s denial of Rodriguez’ application for Supplemental Security Income. We have jurisdiction under 42 U.S.C. §§ 405 (g) & 1383(c)(3). We reverse the decision of the district court and award benefits, because the Secretary’s determination that Rodriguez is not disabled is not supported by substantial evidence.

FACTS

Rodriguez, a forty-two year-old woman, filed an application for supplemental security income benefits on June 10, 1985, claiming that she had been unable to work since November 1981. She has not been employed since 1972, when she married and quit her previous work as a waitress and bartender. At a hearing before an Administrative Law Judge (ALJ), she testified that she has had difficulty in breathing since November 1981, when she contracted a virus which later developed into bron-chiectasis. She also testified that she is very sensitive to dust and fumes, and must wear a mask when she goes outside. To aid her breathing, she has been using a Yentalin inhaler and taking several medications, including Ceclor and Theodur. Three or four…

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