Robert McCulley v. Shirley S. Chater, Commissioner of the Social Security Administration

103 F.3d 139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert McCULLEY, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, Defendant-Appellee. No. 95-16166. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1996. * Decided Nov. 20, 1996. Before: HUG, Chief Judge, REAVLEY ** and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Robert McCulley appeals the summary judgment of the district court denying him disability benefits prior to May 4, 1993. The district court agreed with the finding of the Administrative Law Judge (ALJ) that the medical reports of examinations that began in late 1989, when he stopped working, contained no evidence of disability prior to May 4, 1993, the date of his diagnosis. 3 We review de novo a grant of summary judgment. Miller v. Heckler, 770 F.2d 845 (9th Cir.1985). Reversing a denial of benefits requires finding that the ALJ's decision was "not supported by substantial evidence or [that]…