Ted T. Abken v. Shirley S. Chater, Shhs

78 F.3d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ted T. ABKEN, Plaintiff-Appellant, v. Shirley S. CHATER, SHHS, Defendant-Appellee. No. 94-36043. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1995. Decided Feb. 23, 1996. Before: FLETCHER, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 1. Abken claims that the ALJ improperly relied on the Medical-Vocational Guidelines to determine disability. "Because this issue was not raised below, we decline to hear it for the first time on appeal." Matney v. Sullivan, 981 F.2d 1016 , 1019 (9th Cir.1992). 3 2. The ALJ's reliance on the testimony of the vocational expert was otherwise proper. Contrary to Abken's assertion, the vocational expert did testify that Abken could do the work of a cashier. RT 488. Whether he could perform that job given the SVP rating was not raised in the district court and we decline to consider it here. Matney, 981 F.2d at 1019. 4 3. The ALJ's determination of…