Leon S. Thomas v. Donna E. Shalala, Secretary of Health and Human Services

Good Law
46 F.3d 1145·1995 WL 11018·1995 U.S. App. LEXIS 7324
United States Court of Appeals for the Ninth CircuitJanuary 11, 199593-16119California1,414 words

Opinion

Opinion

46 F.3d 1145 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leon S. THOMAS, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-16119. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1994. Decided Jan. 11, 1995. Before: TANG, REINHARDT, and RYMER, Circuit Judges. MEMORANDUM 1 Leon S. Thomas appeals the district court's summary judgment in favor of the Secretary of Health and Human Services. The Secretary found Thomas ineligible for Social Security disability benefits under Title II of the Social Security Act because he retained the ability to perform his past relevant work as a golf course mechanic and motorcycle mechanic. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. 2 Thomas alleged an inability to work since December 1, 1979, due to a separated spine and gouty arthritis. He met the special insured status requirements of the Social Security Act on his alleged onset…

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