Lee R. MARCIA, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Caution
900 F.2d 172·1990 WL 35584
United States Court of Appeals for the Ninth CircuitApril 2, 199088-15504California2,091 words

Opinion

Opinion

Wright, J.

The issue is whether the Secretary of Health and Human Services erred in denying Lee Marcia’s claim for disability insurance benefits. Specifically, we must determine if the Administrative Law Judge made sufficient findings in determining that Marcia failed to meet or equal a listed impairment under 20 C.F.R. § 404.1520 (d), the third step in the five-step disability evaluation in the Social Security regulations.

BACKGROUND

Marcia worked for several employers in the aerospace industry primarily as an en gineering draftsman between June 1960 and April 1982. He applied for disability benefits in May 1985, claiming he had been disabled since April 1983.

At a disability hearing before an AU, Marcia claimed that he suffered from chronic liver disease and other medical problems, including lung impairment, peptic ulcers, back pain, and hand tremors. The AU found that he had significant periodic medical problems, but that they were not disabling. He also found that Marcia’s impairments did not prevent him from doing past work or other work.

The AU denied disability benefits based on these findings. Marcia’s timely administrative appeal with the Appeals Council was denied. The district…

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