Virgel E. Flemister v. Shirley S. Chater, Commissioner, Social Security Administration

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Virgel E. FLEMISTER, Plaintiff-Appellant, v. Shirley S. CHATER, ** Commissioner, Social Security Administration Defendant-Appellee. No. 94-15082. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM *** 2 Virgel E. Flemister appeals pro se the district court's summary judgment in favor of the Commissioner in Flemister's action seeking disability insurance benefits pursuant to Title II of the Social Security Act ("Act"), 42 U.S.C. § 423 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 A district court's summary judgment upholding a denial of benefits is reviewed de novo. Andrews v. Shalala, 53 F.3d 1035 , 1039 n. 1 (9th Cir.1995). The decision of the Commission must be affirmed, however, if it is supported by substantial evidence and the Commissioner applied the…