Maria L. CURRY, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary, Defendant-Appellee

Bad Law
91 Daily Journal DAR 1493·925 F.2d 1127·1991 WL 10264·1991 U.S. App. LEXIS 1515·91 Cal. Daily Op. Serv. 910
United States Court of Appeals for the Ninth CircuitFebruary 4, 199189-55385California1,566 words

Opinion

Opinion

O'Scannlain, J.

ORDER

The memorandum disposition filed on September 6, 1990, 914 F.2d 262 , is amended to add Part II B and redesignated an opinion authored by Judge O’Seannlain. The petition for rehearing is otherwise denied.

OPINION

We affirm the district court’s order of summary judgment in favor of the Secretary of Health and Human Services.

I

Appellant Maria Curry underwent corrective single-artery bypass surgery on March 2, 1985. On February 12, 1986, Curry filed applications for disability insurance benefits and supplemental security income benefits. After a hearing, an administrative law judge (“AU”) issued a six-page decision in which he found that Curry was not disabled. On June 15, 1987, the Appeals Council denied Curry’s request for review of the AU’s decision; this became the final decision of the Secretary.

Curry subsequently filed this action for judicial review of the Secretary’s determination that she was not disabled and his attendant denial of disability benefits to her. In January 1989, the district court entered summary judgment in favor of the Secretary.

Curry timely appeals from the district court’s judgment; we have jurisdiction under 28 U.S.C. § 1291 .

II

We must…

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