Dorcas L. Fertig v. Shirley S. Chater, Commissioner of Social Security

96 F.3d 1451 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dorcas L. FERTIG, Plaintiff-Appellant, v. Shirley S. CHATER, * Commissioner of Social Security, Defendant-Appellee. No. 95-35765. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1996. Decided Sep. 6, 1996. Before: ALARCON, NORRIS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Dorcas Fertig appeals the district court's summary judgment affirming the Commissioner's decision to deny Fertig SSI benefits. Fertig argues that the Commissioner erred by finding that Fertig was neither disabled according to the Mental Retardation and Autism listing, 20 C.F.R. 404 Subpt. P, App. 1, § 12.05, nor disabled according to the Obesity listing. 20 C.F.R. 404 Subpt. P, App. 1 § 9.09. In addition, Fertig claims that the Commissioner did not meet her burden of showing that Fertig can perform available jobs because (1) the hypothetical question posed to the vocational expert failed to include…