Pitzer v. Sullivan

908 F.2d 502 30 Soc.Sec.Rep.Ser. 484, Unempl.Ins.Rep. CCH 15548A Teresa PITZER, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, * Social Security Administration, Defendant-Appellee. No. 89-35606. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1990. Decided July 13, 1990. Ralph Wilborn, Eugene, Or., for plaintiff-appellant. Gary J. Thogersen, Asst. Regional Counsel, Dept. of Health and Human Services, Seattle, Wash., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before SCHROEDER, NORRIS and WIGGINS, Circuit Judges. WILLIAM A. NORRIS, Circuit Judge: 1 Teresa Pitzer is 5 feet, 2 1/4 inches tall and weighs over 350 pounds. She applied for and was denied SSI disability benefits. The denial was upheld by an Administrative Law Judge ("ALJ"), the Appeals Council for the Social Security Administration, and by the district court without opinion. We now reverse. 2 * We will set aside the denial of a disability claim only if the Secretary's findings are not supported by substantial evidence in the record as a whole or if the Secretary's decision is based on legal error. 42…