Donnie R. Moore v. Shirley S. Chater, Commissioner of Social Security

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donnie R. MOORE, Plaintiff-Appellant, v. Shirley S. CHATER, * Commissioner of Social Security, Defendant-Appellee. No. 95-35764. United States Court of Appeals, Ninth Circuit. Submitted Aug. 8, 1996. ** Decided Aug. 30, 1996. Before: ALARCON, NORRIS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 The Commissioner concedes that Moore, at the relevant time, was not performing "substantial gainful activity," and has a severe impairment. Moore concedes that his impairment was not equivalent to one of the impairments listed in the regulations. The Commissioner concedes that Moore cannot return to his past work. That leaves as the issue in this case whether the Social Security Administration could show that Moore could perform other relevant jobs in the national economy. See 42 U.S.C. § 423 ; 20 C.F.R. § 404.152 ; Corrao v. Shalala, 20 F.3d 943, 946 (9th Cir.1994). 3 The case on appeal was Moore's third.…