Thomas F. Whitworth v. Donna E. Shalala

50 F.3d 18 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas F. WHITWORTH, Plaintiff-Appellant, v. Donna E. SHALALA, Defendant-Appellee. No. 93-35630. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1995. * Decided March 13, 1995. Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Whitworth appeals the decision of the Secretary of Health and Human Services that his disability terminated on August 29, 1991 as found by the Administrative Law Judge (ALJ). We affirm in part and remand in part. 3 * On appeal, Whitworth first argues that the ALJ erred in discounting the opinion of Whitworth's treating physician, who stated that Whitworth would be completely disabled until at least April 1992. 4 As the district court properly noted, although the treating physician's opinion is accorded special weight, it is not conclusive as to the issue of disability. See Rodriguez v. Bowen, 876 F.2d 759, 762 (9th Cir.1989). Rather, "[t]he ALJ may…