Rosa Hernandez v. Shirley S. Chater, Commissioner of the Social Security Administration

87 F.3d 1319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosa HERNANDEZ, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, Defendant-Appellee. No. 95-15332. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1996. * Decided June 19, 1996. Before: SNEED, PREGERSON and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 The ALJ found that plaintiff suffers from a number of afflictions, including fibrositis, an affective disorder and an epigastric disorder. Nevertheless, he concluded that these conditions, alone or in combination, were not severe enough to support plaintiff's claim of disability. CR at 20. In making this determination the ALJ relied on the opinion of Dr. Sinnott, plaintiff's treating physician, that plaintiff retained the capacity to sit for two consecutive hours, and up to six hours in a work day if she alternated sitting, standing and walking. The ALJ rejected Dr. Sinnott's conclusion, however, that…