James Brennan v. Donna E. Shalala, Secretary of Health and Human Services

46 F.3d 1138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James BRENNAN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee, No. 93-15908. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1994. Decided Jan. 9, 1995. Before: HUG, CANBY and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 As the parties are familiar with the facts of the case, we will not recite them here. We find that the ALJ did not err in declining to order a full neurological examination for Mr. Brennan. We further conclude, for reasons discussed below, that we need not determine whether the ALJ's failure to address the Espinas declaration and the McAfee letter constituted error. We affirm the district court. 3 In the face of Brennan's failure to produce acceptable medical evidence of his disability, 20 C.F.R. Sec. 404.1512(a), the ALJ still had a duty to develop the record fully and fairly and to assure that Brennan's interests…