Roberta SALVADOR, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Good Law
917 F.2d 13·1990 WL 157488
United States Court of Appeals for the Ninth CircuitOctober 22, 199088-15587California582 words

Opinion

Opinion

Wiggins, J.

Roberta Salvador appeals the district court’s grant of summary judgment to the Secretary of Health and Human Services in her action for Supplemental Security income. She contends that the Secretary’s decision that she is not disabled is based on several legal errors and is unsupported by substantial evidence. We have jurisdiction under 42 U.S.C. § 405 (g) (1982). We reverse and remand.

STANDARD OF REVIEW

This court reviews an AU’s denial of disability benefits to see if the decision rests on substantial evidence and the proper application of the correct legal standards. Davis v. Heckler, 868 F.2d 323, 325 (9th Cir.1989).

DISCUSSION

Salvador’s arguments that the AU used incorrect legal standards lack merit. In determining whether Salvador could perform light work, the AU properly considered whether she could lift up to twenty pounds and frequently lift up to ten pounds. See 20 C.F.R. § 404.1567 (b) (1989). This regulation is a reasonable construction of the statute because it does not single out one particular task of one particular job, but rather sets up a general test of whether the claimant can perform various tasks within a certain range of exertion.

Salvador’s invocation…

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