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HARVELL v. CHATER

No. 95-15353.

87 F.3d 371 (1996)

Samuel L. HARVELL, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1996.

Attorney(s) appearing for the Case

Thomas M. Peterson, Michael B. Green, Brobeck, Phleger & Harrison, San Francisco, California, for plaintiff-appellant.

Dennis J. Mulshine, United States Social Security Administration, San Francisco, California, for defendant-appellee.

Before NORRIS, T.G. NELSON, and TASHIMA, Circuit Judges.

PER CURIAM:

Samuel L. Harvell appeals a summary judgment affirming the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for disability insurance benefits under Title II of the Social Security Act. Harvell contends that he was unconstitutionally denied benefits pursuant to 20 C.F.R. § 404.130(b) (1996), also known as the "20/40" rule, which requires an individual making a disability claim to have...

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