Ofelia Mendoza v. Shirley S. Chater, Commissioner of Social Security Administration

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ofelia MENDOZA, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security Administration, * Defendant-Appellee. No. 94-56344. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1996. Decided April 25, 1996. Before: BEEZER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Ofelia Mendoza appeals a judgment upholding the denial of her claim for Social Security disability benefits. The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g). We have jurisdiction. 28 U.S.C. § 1291 . We reverse and remand. 3 We review de novo the district court's judgment. Ramirez v. Shalala, 8 F.3d 1449, 1451 (9th Cir.1993). The Commissioner has the burden to show that the claimant could perform other substantial gainful work in the national economy. Andrews v. Shalala, 53 F.3d 1035, 1043 (9th Cir.1995). "The [Commissioner] may carry this burden by eliciting the…