Mark Patterson v. Railroad Retirement Board

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 PATTERSON, Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent. No. 94-70357. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Jan. 5, 1996. Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Mark Patterson petitions for review of the Railroad Retirement Board's ("the Board") final decision denying his claim for disability benefits. We reverse the decision of the Board and remand for payment of benefits. 3 Patterson initially brought his claim for benefits in March of 1990. A hearings officer denied the claim on April 15, 1992, and Patterson appealed to the Board. Patterson submitted the 1992 report of Dr. Momberger to the Board as part of his appeal. On March 16, 1993, the Board remanded the case to the hearings officer for supplementary findings regarding whether Patterson was capable of performing substantial gainful activity or whether…