Gilbert Torres v. Shirley S. Chater, Commissioner of Social Security

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gilbert TORRES, Plaintiff-Appellant, v. Shirley S. CHATER, * Commissioner of Social Security, Defendant-Appellee. No. 94-55423. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 13, 1995. Decided Feb. 29, 1996. Before: FLETCHER, CANBY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Gilbert Torres appeals the district court's order upholding the final decision of the Secretary of Health and Human Services that he is not disabled within the meaning of the Social Security Act, as amended. We reverse and remand. I. ANALYSIS A. Standard of Review 3 We review de novo a district court's order upholding the Secretary's denial of benefits. Flaten v. Secretary of Health & Human Servs., 44 F.3d 1453, 1457 (9th Cir.1995). The scope of appellate review is limited, however. The decision of the Secretary must be affirmed if she applied the correct legal standard and her decision is supported by…