Harry J. Cornblith v. Donna E. Shalala, Secretary of Health and Human Services

39 F.3d 1186 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harry J. CORNBLITH, Plaintiff-Appellant, v. Donna E. SHALALA, * Secretary of Health and Human Services, Defendant-Appellee. No. 93-55445. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1994. Decided Oct. 25, 1994. Before: FLETCHER and FERNANDEZ, Circuit Judges, and SEDWICK, ** District Judge. MEMORANDUM *** Harry J. Cornblith appeals the district court's summary judgment which upheld the denial of disability benefits. He claims that the Administrative Law Judge failed to accord sufficient weight to the conclusion of his treating physician regarding his disability, failed to credit his testimony of excessive pain and physical restrictions, and erred in finding that he could perform his past relevant work. We vacate and remand. 1. We reject Cornblith's claim that the ALJ erred when he failed to credit the opinion of a treating physician. It is true that greater weight is given to…