QUANG VAN HAN, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee

Quang Van Han came to the United States in 1984 as a refugee from Vietnam, where he worked in an herbal medicine store, filling prescriptions according to instructions given by a “Master.” His appeal from the denial of his application for Supplemental Security Income benefits appears to be the first in the nation to challenge the validity of Social Security Ruling 82-40.

I

Han applied for SSI benefits pursuant to 42 U.S.C. § 1381 et seq. (1982 & Supp. V 1987) on March 18, 1985. His application was denied initially and upon reconsideration, and again by an Administrative Law Judge. The ALJ’s decision became the final decision of the Secretary of Health and Human Services when the Appeals Council denied Han’s request for review. Han appealed to a district court, which affirmed the Secretary’s decision. Han v. Bowen, 671 F.Supp. 702 (D.Or.1987). Reviewing the judgment of the district court de novo, we examine the decision of the Secretary to ensure that it is supported by substantial evidence and free of legal error. Adams v. Bowen, 872 F.2d 926, 927 (9th Cir.1989).

Han alleges that the AU committed four errors: He asserts that the AU (A) erroneously relied on Social Security…