Joseph C. Abela v. Secretary of Health & Human Services

960 F.2d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph C. ABELA, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee. No. 91-55243. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1992. Decided Feb. 21, 1992. Before TANG, KOZINSKI and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Joseph Abela's application for Social Security Disability Insurance Benefits was denied. This denial was affirmed by an ALJ and the Appeals Counsel; summary judgment was granted for HHS in district court. Abela claims (1) the ALJ and the district court used the wrong legal standard in rejecting Abela's complaints of pain, (2) the ALJ failed to consider Abela's medical depression, and (3) the ALJ failed to consider a disability opinion by Abela's treating physician. Although the district court used, through no fault of its own, the wrong legal standard, the ALJ adequately justified discrediting Abela's testimony of pain. The other…