Monte O. Thompson v. Donna E. Shalala, Secretary of Health and Human Services

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Monte O. THOMPSON, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 92-17071. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 18, 1994. Decided Sept. 13, 1994. Before: Reinhardt and Leavy, Circuit Judges, and McLaughlin, District Judge. * MEMORANDUM ** I. Monte Thompson appealed to the district court the decision of the Secretary of Health and Human Services denying his application for Social Security disability benefits made pursuant to 42 U.S.C. Sec. 1381 et seq. (1982 & Supp. V 1987). The district court granted summary judgment for the Secretary, finding that the Secretary's prior determination that Thompson's disabilities did not render him unable to perform his prior relevant work was supported by substantial evidence. Because the Secretary's determination is not supported by substantial evidence and the medical evidence…