Gerald Van Ausdle v. Donna E. Shalala, M.D. Secretary of Health and Human Services

19 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerald VAN AUSDLE, Plaintiff-Appellant, v. Donna E. SHALALA, M.D. * Secretary of Health and Human Services, Defendant-Appellee. No. 92-35413. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1993. Decided March 9, 1994. Before: GOODWIN, CANBY, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Gerald Van Ausdle appeals a district court order affirming the Secretary's denial of his application for disability benefits. He argues that the Secretary did not meet her burden of showing that alternative employment was available. We agree and reverse, remanding for the payment of benefits. I. 3 Van Ausdle is a fifty-seven year old diabetic with a high school education. For most of his adult life (twenty-seven years), he has worked as a pipe fitter for the Crown-Zellerbach Company in Port Townsend, Washington. He was laid off in 1984, after the mill changed owners. According to his testimony, his…