Aromin

Aromin v. Massanari

Good Law
17 F. App'x 726
United States Court of Appeals for the Ninth CircuitSeptember 4, 2001No. 99-16749; D.C. CV-98-0658-WBS-PANCalifornia1,240 words

Opinion

Lead Opinion

MEMORANDUM **

Lydia Aromin appeals the judgment of the district court affirming a denial of her *727 application for social security disability benefits by the Commissioner of the Social Security Administration (Commissioner). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

We review de novo the district court’s judgment affirming the Commissioner’s denial of benefits. We must affirm the denial of benefits if the Commissioner’s decision is (1) free of legal error and (2) supported by substantial evidence. Smo-len v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996).

The Administrative Law Judge (“ALJ”) accepted the undisputed medical evidence that Aromin suffers from a severe physical impairment-cervical spinal stenosis. Nonetheless, the ALJ found that Aromin was capable of performing relevant past work as a claims development clerk, a position classified as sedentary work.

Aromin first argues that the ALJ accorded insufficient deference to the medical opinions of her treating physician, Dr. Alan Templan. We find no merit in this contention. The ALJ gave specific, legitimate reasons for declining to accept the conclusions of Dr. Tempkin’s August 1996…

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