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GUTIERREZ v. APFEL

No. 98-16462.

199 F.3d 1048 (2000)

Rosario GUTIERREZ, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 2000.

Attorney(s) appearing for the Case

Geri N. Kahn, San Francisco, California, for the plaintiff-appellant.

Jeffrey H. Baird, Assistant United States Attorney, San Francisco, California, for the defendant-appellee.

Before: GOODWIN, SCHROEDER and ALARCON, Circuit Judges.

SCHROEDER, Circuit Judge:

Social Security regulations require an Administrative Law Judge (ALJ) to fill out and attach to each decision, "in any case where there is evidence which indicates the existence of a mental impairment," 42 U.S.C. § 421(h), a psychiatric review technique form (PRTF) evaluating the severity of mental impairments. The regulations provide in relevant part:

[I]n evaluating the severity of mental impairments for adults (persons age...

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