Sherry Rockwell v. Donna E. Shalala, Secretary of Health & Human Services

Good Law
56 F.3d 73·1995 WL 314706
United States Court of Appeals for the Ninth CircuitMay 16, 199593-35748California471 words

Opinion

Opinion

56 F.3d 73 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sherry ROCKWELL, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Defendant-Appellee. No. 93-35748. United States Court of Appeals, Ninth Circuit. Submitted May 3, 1995. * Decided May 16, 1995. 1 Appeal from the United States District Court, for the District of Oregon, D.C. No. CV-92-01444-REJ; Robert E. Jones, District Judge, Presiding. 2 D.Or. REVERSED IN PART, VACATED IN PART 3 Before: BROWNING, REAVLEY, ** and NORRIS, Circuit Judges 4 MEMORANDUM *** 5 The Administrative Law Judge's ("ALJ") finding that Rockwell was not disabled is not supported by substantial evidence. The ALJ failed to provide clear and convincing reasons for rejecting the uncontroverted medical testimony that Rockwell was limited to six hours of sitting in a given work day, see Rodriguez v. Bowen, 876 F.2d 759 , 762-63 & n.10 (9th Cir. 1989), and the testimony of the vocational expert did not establish…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.