Zlotnikov

Zlotnikov v. Barnhart

Good Law
28 F. App'x 699
United States Court of Appeals for the Ninth CircuitJanuary 23, 2002No. 00-16397; D.C. No. C-99-0135-MJJCalifornia411 words

Opinion

Lead Opinion

MEMORANDUM ***

Mark Zlotnikov appeals the district court’s judgment affirming the Commissioner of Social Security’s (“Commissioner”) denial of his application for Supplemental Social Security Income disability benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1881 -83f. 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, and review for substantial evidence and legal error the Commissioner’s decision. Osenbrock v. Apfel, 240 F.3d 1157, 1162 (9th Cir.2001). We affirm.

Zlotnikov’s contention that the Administrative Law Judge (“ALJ”) improperly disregarded treating physician Galina Gorodetsky’s opinion lacks merit. Where, as here, the treating physician’s opinion is contradicted by a non-treating physician’s opinion that is supported by independent clinical findings, the non-treating physician’s opinion may constitute substantial evidence for discrediting the treating physician’s opinion. See Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995). Zlotnikov’s contention that the ALJ improperly rejected treating physician Anne Simons’ opinion lacks merit, because non-treating…

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