Mitchell L. Watson v. Donna W. Shalala, Secretary of Health and Human Services

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mitchell L. WATSON, Plaintiff-Appellant, v. Donna W. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-35762. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1995. * Decided March 15, 1995. Before: HALL, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Mitchell Watson appeals the district court's decision (which reversed the Secretary's denial of SSI disability benefits due to inadequacy of vocational testimony, but remanded for further proceedings), contending that it abused its discretion by not ordering an award of benefits. We have jurisdiction, 28 U.S.C. Sec. 1291 ; Sullivan v. Finkelstein, 496 U.S. 617 (1990), and affirm the district court. 3 * Watson asserts that it was legal error for the ALJ to conclude on the basis of the testimony of Drs. Noparstak, Maltby, and Moser, aided by the testimony of the vocational expert, that there was work that Watson could…