Larry M. Nelson v. Donna E. Shalala, Secretary, Health & Human Services

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry M. NELSON, Plaintiff-Appellant, v. Donna E. SHALALA, ** Secretary, Health & Human Services, Defendant-Appellee. No. 93-35343. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM *** 2 Larry Nelson appeals pro se the district court's judgment affirming the Secretary of Health and Human Services' decision that Nelson was not entitled to disability benefits under Title II of the Social Security Act, 42 U.S.C. Secs. 401-403 (Title II). Nelson contends, first, that the Secretary's decision was not supported by substantial evidence and, second, that the Magistrate Judge should have admitted new medical evidence which, Nelson claims, proves his disability. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse and remand. 3 * Background 4 Nelson has a prolonged history of lower back pain…