Raymond Brunner v. Donna Shalala, Secretary, Department of Health & 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond BRUNNER, Plaintiff-Appellant, v. Donna SHALALA, Secretary, Department of Health & Human Services, Defendant-Appellee. No. 93-55280. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1994. * Decided Nov. 4, 1994. Before: FEINBERG, * SCHROEDER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 1. Plaintiff Raymond Brunner appeals from the judgment of the district court, granting defendant Secretary's motion for summary judgment and finding that the Secretary's final decision was supported by substantial evidence. Plaintiff filed for disability benefits in December 1989. The ALJ found plaintiff not disabled in a decision dated December 9, 1991 (ALJ's decision). That decision became the Secretary's final decision when the Appeals Council declined to review it. Because the ALJ's decision was supported by substantial evidence and was free from legal error, we must affirm. Magallanes…