Wallace

Wallace v. Barnhart

Good Law
62 F. App'x 823
United States Court of Appeals for the Ninth CircuitMay 13, 2003No. 02-35060; D.C. No. CV-01-05008-FDBCalifornia929 words

Opinion

Lead Opinion

MEMORANDUM ***

Lois Wallace appeals the district court’s judgment affirming the administrative law judge’s (ALJ) decision to deny social security disability benefits. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review the ALJ’s decision to deny social security benefits to ensure it is supported by substantial evidence and free of legal error. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999).

Subjective Testimony

Wallace argues that the ALJ’s decision to discredit her testimony is not supported by substantial evidence. We disagree. The ALJ gave specific and cogent reasons for discrediting Wallace’s testimony, and those reasons are supported by substantial evidence in the record. See *825 Morgan v. Apfel, 169 F.3d 595, 600 (9th Cir.1999).

First, the ALJ discredited Wallace’s allegation that her vision prevented office work based on his findings that she had been able to do office work for more than ten years, despite her congenital visual impairment; that she had a conviction for disability in excess of her physical limitations; that she had not attempted to simulate the use of a computer under the best circumstances; and that she had not ruled out the…

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