Jerry Kolka v. Shirley S. Chater, Commissioner of Social Security

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry KOLKA, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, * Defendant-Appellee. No. 94-35785. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 14, 1995. Decided Dec. 4, 1995. Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Kolka appeals the district court's entry of judgment for the Commissioner of Social Security, affirming the Commissioner's denial of disability insurance benefits and supplemental security income under Title II and Title XVI of the Social Security Act. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 and we affirm. 3 * Kolka contends that the ALJ was without authority to consider his ability to return to past relevant work because the Secretary had decided the issue in Kolka's favor and the ALJ had not given notice, as required by 20 C.F.R. Secs. 404.946(a) and 416.1446, in…