Esther Wilson v. Michael Astrue

Good Law
406 F. App'x 232
United States Court of Appeals for the Ninth CircuitDecember 21, 201010-35212California588 words

Opinion

Opinion

MEMORANDUM

Esther G. Wilson appeals the district court’s decision affirming an administrative law judge’s (ALJ) decision that she was not disabled as of September 29, 2004. Wilson argues that the ALJ erred by improperly evaluating the medical evidence, improperly assessing Wilson’s testimony to be less than fully credible, improperly discrediting lay witness testimony, and improperly determining Wilson’s residual functional capacity (RFC). She claims that the district court erred in affirming the ALJ’s decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court.

We review de novo a district court’s order upholding a denial of social security benefits. Howard ex rel. Wolff v. Barnhart, 341 F.3d 1006, 1011 (9th Cir.2003). The ALJ’s decision must be upheld if it is supported by substantial evidence and based upon the correct legal standards. Id. Substantial evidence is more than a mere scintilla but less than a preponderance. Id. “[A] reviewing court must consider the entire record as a whole and may not affirm simply by isolating a specific quantum of supporting evidence.” Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir.2006) (internal…

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