James Miller 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James MILLER, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-56444. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided May 17, 1995. 1 Before: SCHROEDER and KLEINFELD, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 Claimant James Miller appeals the decision of the district court granting summary judgment in favor of the Secretary of Health and Human Services (the "Secretary") on Miller's petition for judicial review of the Secretary's denial of disability benefits under Title II of the Social Security Act. Miller contends the Secretary erred by: (1) not according proper weight to the opinion of Miller's treating physician; (2) finding that Miller possessed a residual functional capacity ("RFC") for light work; (3) finding that Miller was not disabled as of his 50th birthday; and (4) failing to consider…