Baudelio Delgado v. Donna E. Shalala, Secretary of Health and Human Services

52 F.3d 332 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Baudelio DELGADO, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-56684. United States Court of Appeals, Ninth Circuit. Submitted April 3, 1995. * Decided April 13, 1995. 1 Before: D.W. NELSON and CANBY, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Appellant Baudelio Delgado appeals the ruling of the district court affirming the decision of the Secretary of Health & Human Services (the "Secretary") to discontinue Social Security disability benefit payments under the Social Security Act, 42 U.S.C. Sec. 423 (f)(1), because of medical improvement. Delgado argues that the district court erred because the Secretary failed to carry her burden to demonstrate medical improvement sufficient to allow Delgado to engage in substantial gainful activity. In particular, Delgado claims that the Secretary (1) failed to consider his subjective…