Gomez

Gomez v. Chater

Good Law
74 F.3d 967·96 Daily Journal DAR 874·1996 WL 29093·1996 U.S. App. LEXIS 1039·96 Cal. Daily Op. Serv. 538
United States Court of Appeals for the Ninth CircuitJanuary 26, 1996No. 94-35729California1,730 words

Opinion

Lead Opinion

Nelson, J.

Bonnie Gomez appeals the ruling of the district court affirming the decision of the Commissioner of the Social Security Administration (the “Commissioner”) to deny disability insurance benefits and Supplemental Security Income disability benefits under the Social Security Act (the “Act”), 42 U.S.C. §§ 401 et seq., 1381 et seq. Gomez argues that the district court erred in affirming the decision of the Administrative Law Judge (“ALJ”), which, she contends, was based on the improper discounting of the opinions of both an examining psychologist and a vocational expert. Gomez contends that she has met her burden of proving that she is presumptively disabled, or alternatively that the Commissioner has failed to meet her burden of proving that there exist jobs in the national economy which Gomez could perform. We affirm.

I. FACTS AND PROCEEDINGS BELOW

On October 24, 1989, Bonnie Gomez filed an application for disability benefits, claiming disability due to osteoarthritis and depression. At the time, Gomez was forty one years old, with a high school education and past work experience as a nurse’s aide, dishwasher, hospital housekeeper and adult foster caregiver. Beginning in August,…

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