Mark E. Smith v. Shirley S. Chater, Commissioner of Social Security

73 F.3d 370 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark E. SMITH, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee. No. 94-55685. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 17, 1995. Decided Dec. 29, 1995. 1 Before: HALL and NOONAN, Circuit Judges, PRO, * District Judge. 2 MEMORANDUM ** 3 * Mark Smith is a 53-year-old biological female who presents himself to the world as a man. He has had both breasts surgically removed and prefers being referred to by masculine pronouns. Because of personality, affective, and anxiety disorders, the Social Security Administration determined that he was disabled in November 1968. He started receiving Social Security Disability benefits then and SSI benefits in 1977. 4 In 1981, Smith's disability benefits were terminated even though he was still disabled. Pursuant to a class action suit all of the benefits he had been receiving in 1981 were reinstated. See…