The Estate of Donald Bird, by and Through Judy Bird, Personal Representative v. Secretary of Health & Human Services

41 F.3d 1513 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The ESTATE OF Donald BIRD, By and Through Judy BIRD, Personal Representative, Plaintiffs-Appellants, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee. No. 93-35933. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1994. * Decided Nov. 7, 1994. Before: LAY, ** TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 This is an appeal from the district court on a denial of a petition for review filed by the estate of Donald Bird challenging the Secretary of Health & Human Services' denial of social security benefits. The Administrative Law Judge held that Bird had retained residual functional capacity to perform light work. Donald Bird died after he had appealed to the Secretary's Appeal Council and his estate, by and through Judy Bird, his wife and personal representative, has thereafter pursued this claim for benefits. 3 Bird worked as a truck driver and injured his back while…