Michelle Hurter v. Michael Astrue

MEMORANDUM

Michelle Hurter challenges the denial of disability benefits by the Commissioner of the Social Security Administration. Because we hold that substantial evidence supports the decision of the administrative law judge (ALJ), we affirm the judgment of the district court.

We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . The facts of this case are known to the parties. We need not repeat them here.

I

We review de novo an order by the district court upholding a decision by the Social Security Commissioner that denies benefits to an applicant. Batson v. Comm’r of the Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). We affirm a decision by the Commissioner if it is “supported by substantial evidence, and if the Commissioner applied the correct legal standards.” Id. If the “evidence is susceptible to more than one rational interpretation, it is the ALJ’s conclusion that must be upheld.” Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005).

II

Hurter first argues that the ALJ erred by failing to classify some of her alleged impairments as severe. Hurter is incorrect.

The ALJ provided ample support in determining which of Hurter’s impairments were…