John Woodward v. Donna E. Shalala, Secretary of Health & Human Services

Good Law
46 F.3d 1149·1994 WL 725215·1994 U.S. App. LEXIS 40472
United States Court of Appeals for the Ninth CircuitDecember 30, 199493-15771California2,201 words

Opinion

Opinion

46 F.3d 1149 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John WOODWARD, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Defendant-Appellee. No. 93-15771. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1994. * Decided Dec. 30, 1994. Before: FARRIS, BOOCHEVER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** I. 2 Woodward asserts that the Secretary erroneously rejected the treating physician's opinion that all jobs would be too stressful. We overturn the Secretary's decision to deny benefits only if it is not supported by substantial evidence or it is based on legal error. Matney on Behalf of Matney v. Sullivan, 981 F.2d 1016, 1019 (9th Cir.1992). 3 To reject the opinion of a treating physician, the ALJ must "make findings setting forth specific, legitimate reasons for doing so that are based on substantial evidence in the record." Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir.1989) (quotation omitted). 1 The ALJ has…

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