Jimenez

Jimenez v. Barnhart

Good Law
22 F. App'x 914
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 00-56953; D.C. No. CV-99-00579-RCCalifornia256 words

Opinion

Lead Opinion

MEMORANDUM ****

Nickie J. Jiminez appeals the magistrate judge’s summary judgment affirming the Commissioner of Social Security’ denial of benefits under the Social Security Act. We have jurisdiction pursuant to 28 U .S.C. § 1291. We review de novo a district court’s order upholding the Commissioner’s denial of benefits. See Tidwell v. Ap-fel, 161 F.3d 599 , 601 (9th Cir.1998). We must uphold the Commissioner’s decision if it is supported by substantial evidence and if it is free of legal error. See id. We affirm.

Because there is substantial evidence to support the ALJ’s finding that claimant could perform her previous work, the mag-istrado judge did not err by granting summary judgment in favor of the Commissioner. See Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995). In addition, the ALJ gave specific, legitimate reasons, based on substantial evidence in the record, for rejecting the opinions of claimant’s treating physicians regarding the Hmiting effects of her depression. See id.

Contrary to appellant’s contentions, the ALJ provided clear and convincing reasons for rejecting claimant’s testimony about the severity of her symptoms. See Flaten v. Sec’y of Health & Human…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.