Beryl Benson v. Donna E. Shalala, Secretary of Health and Human Services

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Beryl BENSON, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 94-35323. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1995. Decided May 17, 1995. Before: SKOPIL, FERGUSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Beryl Benson appeals the district court's order affirming the decision of the Secretary of Health and Human Services denying his application for Social Security disability insurance benefits ("DIB") and Supplemental Security Income benefits ("SSI") under Title II and Title XVI of the Social Security Act, 42 U.S.C. Secs. 423 , 1382. Mr. Benson asserts that the ALJ erred in: (i) giving greater weight to the Social Security E.D.Wash. consultant appointed by the ALJ than to the reports of Mr. Benson's therapists at Spokane Community Mental Health Clinic ("SCMHC"), (ii) framing the hypothetical questions posed to the…