Iverson

Iverson v. Barnhart

Good Law
28 F. App'x 645
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 00-55165; D.C. No. CV-98-6424 ABC (AN)California1,199 words

Opinion

Lead Opinion

MEMORANDUM **

Iverson appeals from the district court’s judgment affirming the final decision of the Commissioner of Social Security, which denied Iverson’s applications for disability benefits under Title II of the Social Security Act. Iverson argues that his impairment prior to October 1, 1987 was severe and equaled a listed impairment and that the decision of the Administrative Law Judge (ALJ) was not based on substantial evidence in the record. The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g), and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

We review de novo the district court’s judgment affirming the Commissioner’s denial of benefits. See Lewis v. Apfel, 236 F.3d 503, 509 (9th Cir.2001). We will uphold the Commissioner’s decision if it is supported by substantial evidence and if the Commissioner applied the correct legal standards. Id.

Iverson first argues that his impairment equaled Listing 1.05C of 20 C.F.R. Part 404, Subpt. P, App. 1 (1999) prior to October 1, 1987, rendering him presumptively disabled. Medical equivalence is described in 20 C.F.R. § 404.1526 . An impairment “is medically equivalent to a…

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