Oden

Oden v. Apfel

Good Law
2 F. App'x 780
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 00-15829California308 words

Opinion

Lead Opinion

MEMORANDUM

Dwight Oden appeals pro se the district court’s summary judgment affirming the Commissioner of the Social Security Administration (“Commissioner”) in his denial *781 of disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s grant of summary judgment and will uphold the Commissioner’s denial of benefits if it is based upon the proper legal standards, and is supported by substantial evidence. See Moncada v. Chater, 60 F.3d 521, 523 (9th Cir.1995).

Based on the medical evidence, the findings of treating and examining physicians, Oden’s testimony about his daily activities, and the testimony of the vocational expert, substantial evidence supports the Commissioner’s denial of disability benefits. See id. at 523-24 (finding substantial evidence in a treating physician’s report, medical examinations, and the testimony of a vocational expert).

Oden’s new evidence brought in the district court regarding a rehabilitation plan for reemployment is not material because there is no reasonable possibility that it would have changed the…

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