Michael
Michael v. Barnhart
Opinion
Lead Opinion
MEMORANDUM ***
Walter Michael appeals from the district court’s order granting summary judgment in favor of Jo Anne Barnhart, the Commissioner of the Social Security Administration (the “Commissioner”), and dismissing Michael’s complaint brought pursuant to 42 U.S.C. §§ 405 (g) & 1383(c)(3). The district court also denied Michael’s cross-motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The district court found that there was substantial evidence to support the Commissioner’s determination that, despite Michael’s severe reading difficulties, he was ineligible to receive disability insurance and Supplemental Security income benefits because he did not “meet or equal a listed impairment.” 20 C.F.R. § 404.1520 (d). We review the administrative record as a whole to determine whether substantial evidence supports the Commissioner’s denial of benefits, a burden of proof that we have defined as “more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.1995).