Lawrence Rathbun v. Donna E. Shalala , Secretary of Health and Human Services

5 F.3d 539 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence RATHBUN, Plaintiff-Appellant, v. Donna E. SHALALA ** , Secretary of Health and Human Services, Defendant-Appellee. No. 91-36095. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided Aug. 25, 1993. Appeal from the United States District Court for the District of Montana; No. CV-89-35-JDS, Jack D. Shanstrom, District Judge, Presiding. D.Mont. REVERSED AND REMANDED. 1 Before: CANBY, WIGGINS, and T.G. NELSON, Circuit Judges 2 MEMORANDUM *** 3 The Secretary of Health and Human Services concluded that Lawrence Rathbun was not disabled within the meaning of the Social Security Act and denied his claim for Social Security disability benefits. The district court affirmed the Secretary's decision and refused Rathbun's motion to remand to the Secretary. Rathbun appeals. We reverse and remand. 4 Rathbun claims that the Secretary and the district court committed various errors, including…