Victor Killian v. Shirley S. Chater, Commissioner of the Social Security Administration

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Victor KILLIAN, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, * Defendant-Appellee. No. 94-35405. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1995. Decided Sept. 25, 1995. Before: SCHROEDER, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Victor Killian challenges the Commissioner's decision denying his application for Supplemental Security Income disability benefits. He argues, among other things, that the Commissioner failed properly to consider vocational evidence and erroneously rejected the opinions of his treating doctors. The district court upheld the Commissioner's final decision. We reverse and remand for payment of benefits. 3 The parties agree that Killian is unable to perform his past work, and thus has satisfied his burden at step four of the sequential evaluation. At step five, the burden shifts to the…