Daniel W. Couch v. Railroad Retirement Board

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel W. COUCH, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent. No. 92-70574. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1994. Decided July 11, 1994. 1 Before CANBY AND T.G. NELSON, Circuit Judges and SHUBB, ** District Judge. 2 MEMORANDUM ** 3 Daniel Couch appeals the Railroad Retirement Board's decision rejecting his claim that he is permanently disabled for all regular employment and is therefore qualified for a disability annuity under 45 U.S.C. Sec. 231 (a)(1)(v). He argues that the hypothetical questions presented to the vocational expert by the hearing officer embodied inaccurate assumptions for several reasons. Among them are that the hearing officer inappropriately discounted Couch's own testimony concerning the degree of pain he experiences, the testimony of Couch's treating physician, and testimony that Couch has mental as well as physical disabilities. Couch also…