James R. Moore v. Donna E. Shalala, Secretary of Health & Human Services

53 F.3d 339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James R. MOORE, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Defendant-Appellee. No. 93-35801. United States Court of Appeals, Ninth Circuit. Submitted March 9, 1995. * Decided May 3, 1995. Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James Moore appeals the decision of the district court upholding the Secretary's decision to deny him disabled child's benefits under Title II of the Social Security Act, and Supplemental Security Income disability benefits under Title XVI of the Act. Moore asserts that the ALJ improperly rejected the opinion of Moore's examining physicians and substituted the opinion of the medical expert at the hearing. We have jurisdiction 28 U.S.C. Sec. 1291 , and reversed and remand for further proceedings. 3 * Moore argues that the ALJ's decision that he was not disabled was not based on substantial evidence, and that the ALJ did…