Daniel T. Miller v. Shirley S. Chater, Commissioner, Social Security Administration

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel T. MILLER, Plaintiff-Appellant, v. Shirley S. CHATER, * Commissioner, Social Security Administration, Defendant-Appellee. No. 94-36216. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1996. Decided May 31, 1996. Before: GOODWIN, SKOPIL and SCHROEDER, Circuit Judges. 1 MEMORANDUM ** 2 Daniel T. Miller was denied social security disability benefits based on findings that he engaged in substantial gainful activity after the alleged onset of disability, and that his physical and mental impairments do not prevent him from working. The district court upheld the Commissioner's decision based on Miller's work activity; we affirm on the alternative ground that substantial evidence in the record supports the finding that Miller can return to work. 3 The ALJ found that Miller had both exertional and nonexertional impairments, but retained the residual functional capacity to perform light…