Ola J. Studer v. Donna E. Shalala, Secretary of Health and Human Services

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ola J. STUDER, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee. No. 93-35772. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1995. Decided May 31, 1995. 1 Before BROWNING, REAVLEY, * and NORRIS, Circuit Judges 2 MEMORANDUM ** 3 Studer appeals the denial of benefits under Title II and Title IX of the Social Security Act. We remand to the Secretary for further proceedings. 4 * Studer first argues that the ALJ erred by crediting the opinion of Dr. Moser, a non-examining physician, over the opinions of Drs. Toobert and Freedman, both examining physicians. The conclusion of a nonexamining source is entitled to less weight than the conclusion of an examining physician. See Pitzer v. Sullivan, 908 F.2d 502 , 506 n.4 (9th Cir. 1990); Gallant v. Heckler, 753 F.2d 1450, 1454 (9th Cir. 1984); 20 C.F.R. Sec. 416.927(d)(1). Moreover, such an…