Ron Hill v. Michael Astrue

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT FEB 16 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

RON HILL, No. 09-35342

Plaintiff - Appellant, D.C. No. 2:08-cv-00966-CRD

v.

MEMORANDUM *

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Washington Carolyn R. Dimmick, District Judge, Presiding

Submitted February 3, 2010** Seattle, Washington

Before: ALARCÓN, W. FLETCHER and RAWLINSON, Circuit Judges.

Ron Hill appeals from the district court’s judgment affirming the

Commissioner’s final decision concluding that Hill is not entitled to Supplemental

Social Security Income (SSI) benefits under Title XVI of the Social Security Act,

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 42 U.S.C. § 1383f. We have jurisdiction under 28 U.S.C. § 1291. We…

I concur in the result.

MEMORANDUM **

Ron Hill appeals from the district court’s judgment affirming the Commissioner’s final decision concluding that Hill is not entitled to Supplemental Social Security Income (SSI) benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1383f. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s review of the Commissioner’s decision. Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004). We affirm the decision of the Commissioner if it is supported by substantial evidence and the Commissioner applied the correct legal standards. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir. 2004). The Commissioner’s findings are upheld if supported by inferences reasonably drawn from the record. Gallant v. Heckler, 753 F.2d 1450, 1452-53 (9th Cir. 1984). If evidence exists to support more than one rational interpretation, we must defer to the Commissioner’s decision. Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999). We affirm.

I

Hill contends the administrative law judge’s (“ALJ”) residual functional capacity (“RFC”) finding that limited Hill to “medium work” was in error because the ALJ…