Dennis J. Waggoner v. Shirley S. Chater, Commissioner, Social Security Administration

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis J. WAGGONER, Plaintiff-Appellant, v. Shirley S. CHATER, * Commissioner, Social Security Administration, Defendant-Appellee. No. 94-35501. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 20, 1995. Decided March 28, 1996. Before: WALLACE, Chief Judge, D.W. NELSON, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Waggoner appeals the district court's order remanding for further proceedings the decision of the Commissioner of the Social Security Administration (the "Commissioner") to deny disability payments under the Social Security Act (the "Act"), 42 U.S.C. §§ 401 et seq., 1381 et seq. The court remanded the case for further development of Waggoner's failure to follow prescribed treatment, in accordance with procedures mandated by SSR 82-59. The court further held that because the evidence does not show Waggoner to be disabled when not following treatment, Waggoner is…