Legal Opinion

Eleuterio MARTINEZ, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Court of Appeals for the Ninth Circuit

Decided January 16, 1987No. 85-5564PublishedCited by 734 opinions

1Opinion of the Court

BRUNETTI, Circuit Judge:

Eleuterio Martinez appeals the district court judgment affirming the decision of the Secretary of Health and Human Services (the Secretary) denying disability benefits. Martinez contends that (1) the district court erred by not addressing the issue of whether the hypotheticals presented by the administrative law judge contained conflicting facts and omissions; (2) the district court erred in not considering the vocational expert’s testimony regarding Martinez’s need to alternatively sit and stand due to pain limitations; and (3) the finding that Martinez can perform…

2Cases cited17 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Ellen L. Jones v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1985
  4. Henry GALLANT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  5. Charles O. Sorenson v. Casper W. Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1975

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3Cited by734 opinions

  1. Tackett v. ApfelCourt of Appeals for the Ninth Circuit · 1999
  2. Smolen v. ChaterCourt of Appeals for the Ninth Circuit · 1996
  3. Mary M. MAGALLANES, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
  4. Beltran v. AstrueCourt of Appeals for the Ninth Circuit · 2012
  5. Bruce W. KEATING, Sr., Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1988

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