Is a plaintiff's claim for mental health benefits futile because his physician has diagnosed him as having a dysthymic disorder?
MultiRegion, United States of America
The following excerpt is from Glavor v. Shearson Lehman Hutton, Inc., 89 F.3d 845 (9th Cir. 1996):
Glavor's argument on appeal that his claims were not futile because his physician has diagnosed his condition as "dysthymic disorder," which may be caused by a physical, not mental, condition, was not made to the district court and thus has been waived. See Trans Container Services v. Security Forwarders, Inc., 752 F.2d 483, 487 (9th Cir.1985).
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