James Decker v. Louis W. Sullivan, M.D.

Good Law
967 F.2d 585·1992 WL 144460·1992 U.S. App. LEXIS 23986
United States Court of Appeals for the Ninth CircuitJune 26, 199291-15851California382 words

Opinion

Opinion

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James DECKER, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Defendant-Appellee. No. 91-15851. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1992. Decided June 26, 1992. Before GOODWIN, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 James Decker appeals the district court's summary judgment in favor of the Secretary of Health and Human Services in Decker's action challenging the Secretary's denial of his applications for disability insurance benefits and supplementary security income benefits. The administrative law judge found that Decker was capable of performing his past relevant work as a truck driver and therefore was not disabled. He alleged that he suffered from disabling mental impairments including alcoholism. 3 The ALJ's finding that Decker is able to perform his past work as a truck driver is not supported by substantial evidence. The uncontradicted evidence…

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