Judy Corbin, Plaintiff-appellant, v. Shirley S. Chater, Commissioner, Social Securityadministration,* Defendant-appellee, 91 F.3d 151 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 91 F.3d 151 (9th Cir. 1996) Argued and Submitted June 14, 1996. Decided July 12, 1996

Before: SNEED, PREGERSON and KOZINSKI, Circuit Judges.

MEMORANDUM** 

The ALJ failed to determine whether plaintiff's excess pain testimony was credible and whether Dr. Mitra's restriction that plaintiff lift no more than five pounds, see A.R. 173, was temporary or permanent. Therefore, under Varney v. Secretary of Health and Human Services, 846 F.2d 581, 584 (9th Cir. 1988), we REVERSE the judgment of the district court and REMAND to the Commissioner FOR FURTHER REMAND to the ALJ for findings and a corresponding redetermination of plaintiff's claim.

 *

Shirley S. Chater, Commissioner of the Social Security Administration, is substituted for Donna E. Shalala, Secretary of Health and Human Services, as the defendant

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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