Robert Nelson v. Donna E. Shalala, Secretary of Health and Human Services

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert NELSON, Plaintiff-Appellant, v. Donna E. SHALALA, * Secretary of Health and Human Services, Defendant-Appellee. No. 93-55647. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1994. Decided Dec. 27, 1994. Before: WIGGINS, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Robert Nelson, no longer able to perform his previously held job due to pulmonary disease, applied for supplemental security income benefits pursuant to 42 U.S.C. Sec. 423 . An Administrative Law Judge ("ALJ") for the Secretary of the Department of Health and Human Services ("Secretary") denied Nelson's application. The ALJ found that because Nelson could perform the job of security guard dispatcher, and because there were 500 such jobs in the regional economy (Los Angeles, Orange, Riverside and San Bernardino counties), he did not meet the statutory definition of disabled under 42 U.S.C. Sec. 423…