Arnulfo Armenta v. Donna E. Shalala, Secretary of Health and Human Services

15 F.3d 1082 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arnulfo ARMENTA, Plaintiff-Appellant, v. Donna E. SHALALA, * Secretary of Health and Human Services, Defendant-Appellee. No. 87-6171. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1993. Decided Feb. 3, 1994. Before: HUG, SCHROEDER and BOOCHEVER, Circuit Judges. 1 MEMORANDUM ** 2 Arnulfo Armenta was first awarded disability benefits in 1976, with an onset date of August, 1973. Although Armenta did have definite physical limitations as a result of a 1973 accident, the evidence strongly suggested that his physical problems were exaggerated and exacerbated by mental disorders, and his benefits were awarded based largely on his mental condition. Armenta continued to receive disability benefits until April 23, 1982, when the Secretary determined that his disability had ceased in August of 1981. Armenta did not appeal this decision in federal court, but filed a new application for benefits…