RUFF v. SULLIVAN

No. 89-35042.

907 F.2d 915 (1990)

Ellen J. RUFF, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary, HHS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1990.


Attorney(s) appearing for the Case

Avelin P. Tacon, III, Connolly, Holm, Tacon, McPhee and Meserve, Olympia, Washington, for plaintiff-appellant.

Richard H. Wetmore, Asst. Regional Counsel, Dept. of Health and Human Services, Seattle, Washington, for defendant-appellee.

Before BROWNING, ALARCON and RYMER, Circuit Judges.


ALARCON, Circuit Judge:

Ellen J. Ruff appeals from the denial by the Secretary of Health and Human Services (Secretary) of surviving spouse's benefits. She argues that the Secretary erred in failing to consider her residual functional capacity in determining whether her disability was equivalent to the impairments listed in the Secretary's regulations. Relying on dictum in Willeford v. Secretary of Health & Human Services, 824 F.2d 771<...

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