Davina Gifford v. Shirley S. Chater

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Davina GIFFORD, Plaintiff-Appellant, v. Shirley S. CHATER, * Defendant-Appellee. No. 94-36078. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1996. Decided Feb. 21, 1996. As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc Aug. 6, 1996. Before: NOONAN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Davina Gifford ("Gifford"), seeking disability benefits under Title II of the Social Security Act, 42 U.S.C. § 410 et seq., appeals from the magistrate judge's decision. The magistrate judge found error in the Administrative Law Judge's ("ALJ") decision denying benefits and remanded to the Secretary of Health and Human Services for further proceedings ("Secretary"). Gifford challenges the remand order arguing that under Varney v. Secretary of Health and Human Servs., 859 F.2d 1396 (9th Cir.1988), she is entitled to an immediate award of benefits. 3 We find no…