Frank Vetsch, Jr., on Behalf of Joyce Vetsch, Deceased v. Donna Shalala, Secretary, Health and Human Services

Good Law
30 F.3d 140·1994 WL 399676
United States Court of Appeals for the Ninth CircuitAugust 2, 199493-35340California1,585 words

Opinion

Opinion

30 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank VETSCH, Jr., on Behalf of Joyce Vetsch, deceased, ** Plaintiff-Appellant, v. Donna SHALALA, Secretary, Health and Human Services, Defendant-Appellee. No. 93-35340. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1994. * Decided Aug. 2, 1994. Before: GOODWIN, D.W. NELSON, and HALL, Circuit Judges. 1 MEMORANDUM *** 2 Joyce Vetsch appeals the magistrate judge's decision granting the Secretary's motion for summary judgment in her action for disability benefits under Title II of the Social Security Act, 42 U.S.C. Sec. 405 (g). Vetsch contends that the Secretary erred by rejecting as not credible Vetsch's evidence that she was disabled due to fatigue prior to March 31, 1966. We have jurisdiction under 28 U.S.C. Sec. 636 (c)(3) and Sec. 1291, and affirm. FACTS AND PROCEDURAL HISTORY 3 In April 1965, Vetsch was referred to Neurologist C.M. Gottlieb for neurological tests based on Vetsch's…

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