Lionel Dunn v. Louis M. Sullivan, M.D., Secretary of Health and Human Services

962 F.2d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lionel DUNN, Plaintiff-Appellant, v. Louis M. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 89-16506. United States Court of Appeals, Ninth Circuit. Argued and Submission Deferred March 14, 1991. Submitted April 15, 1992. Decided April 23, 1992. 1 Before BEEZER and NOONAN, Circuit Judges, and SINGLETON, District Judge. * 2 MEMORANDUM ** 3 Lionel Dunn appeals the district court's grant of summary judgment affirming the decision of the Secretary of Health and Human Services ("Secretary") to deny his application for Supplemental Security Income benefits under Title XVI of the Social Security Act, as amended. We vacate and remand to the district court, with instructions to remand to the Secretary for further proceedings. 4 Dunn claims (1) the Appeals Council erred in overlooking significant evidence of diminished capacity due to necessary medication; (2) the Appeals Council erred in…