Jeffrey Meier v. Michael Astrue

Good Law
404 F. App'x 176
United States Court of Appeals for the Ninth CircuitNovember 19, 201010-35018California736 words

Opinion

Opinion

MEMORANDUM

Jeffrey Meier appeals the district court’s affirmance of the denial of his application for disability insurance benefits under Title II of the Social Security Act. Meier contends that the decision denying benefits was not supported by substantial evidence. Meier argues that the administrative law judge (“ALJ”) erred in discounting the opinions of a treating physician and in disregarding evidence of his severe depression, degenerative disc disease, and nerve root impingement. Meier also argues that the ALJ did not provide clear and convincing evidence for finding Meier’s testimony not credible and that the ALJ improperly relied on the testimony of the vocational expert.

We review de novo the district court’s decision upholding the denial of benefits. Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1222 (9th Cir.2009). A decision to deny benefits will be set aside only if it is not supported by substantial evidence or if it rests on legal error. Id. We reverse and remand.

In his decision to deny Meier’s application, the ALJ determined that Meier was not entirely credible and rejected the opinion of one of Meier’s doctors, Melchisedek L. Margaris, M.D. The primary…

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