Shirley A. Everson v. Secretary of Health and Human Services

993 F.2d 882 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Shirley A. EVERSON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 90-56045. United States Court of Appeals, Ninth Circuit. Submitted May 3, 1993. * Decided May 13, 1993. Before: KOZINSKI, SUHRHEINRICH, ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 Shirley A. Everson (Everson) petitions for review of the district court's grant of summary judgment to the Secretary of Health and Human Services ("the Secretary") upholding the Secretary's denial of her claim for disability benefits. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and AFFIRM. STANDARD OF REVIEW AND APPLICABLE LAW 3 "The Secretary's decision to deny benefits will be disturbed only if it is not supported by substantial evidence or it is based on legal error." Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989) (quotations omitted). "We review the district court's…