Tidwell

Tidwell v. Apfel

Bad Law
161 F.3d 599·98 Daily Journal DAR 12231·1998 WL 828101·1998 U.S. App. LEXIS 30579·98 Cal. Daily Op. Serv. 8797
United States Court of Appeals for the Ninth CircuitDecember 2, 1998No. 97-35863California1,213 words

Opinion

Lead Opinion

Ezra, J.

Appellant appeals from the District Court’s decision affirming the Administrative Law Judge’s (“ALJ”) denial of Appellant’s *601 application for disability insurance. The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Our review of the Commissioner’s decision is “essentially the same as that undertaken by the district court.” Stone v. Heckler, 761 F.2d 530, 532 (9th Cir.1985). Hence, we review de novo the district court’s order upholding the Commissioner’s final denial of benefits. See Floten v. Secretary of Health & Human Services, 44 F.3d 1453, 1457 (9th Cir.1995). The ALJ’s decision denying the disability insurance benefits will be disturbed only if that decision is not supported by substantial evidence or it is based upon legal error. See id. Substantial evidence is more than a mere scintilla but less than a preponderance. See Jamerson v. Chater, 112 F.3d 1064, 1066 (9th Cir.1997). At all times, the burden is on the claimant to establish her entitlement to disability insurance benefits. Roberts v. Shalala, 66 F.3d 179, 182 (9th Cir.1995), cert. denied, 517 U.S. 1122 , 116 S.Ct. 1356 , 134…

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