Teresa Vivas v. Donna E. Shalala, Secretary of Health and Human Services

52 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Teresa VIVAS, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-56505. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1995. * Decided April 17, 1995. Before: McKAY, ** REINHARDT, AND FERNANDEZ, Circuit Judges. 1 MEMORANDUM *** 2 Teresa Vivas challenges the denial of her application for disability benefits under Title II and Title XVI of the Social Security Act. Ms. Vivas claims that she is unable to work due to her back impairment and anemia. The administrative record contains objective evidence showing three herniated discs and stenosis in her back, severe anemia, and a severe mental impairment. In addition, Ms. Vivas' treating physician expressed his opinion that she was unable to perform any type of work because of these impairments. At her administrative hearing, Ms. Vivas testified to persistent pain and fatigue, as well as to…