William Sylvester v. Secretary of Health and Human Services

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William SYLVESTER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 92-56054. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 William Sylvester appeals pro se the district court's summary judgment in favor of the Secretary of Health and Human Services (Secretary), finding that substantial evidence supported the Secretary's conclusion that Sylvester was not disabled and therefore not entitled to Title II disability insurance benefits or Title XVI supplemental security income (SSI) benefits, 42 U.S.C. Secs. 401-403 , 1381-83. Sylvester contends the ALJ erred by (1) giving too much weight to the opinion of Dr. More, his treating cardiologist, without allowing him an opportunity to cross-examine Dr. More, and (2) finding his pain testimony not credible. We…