McKee

McKee v. Barnhart

Good Law
62 F. App'x 826
United States Court of Appeals for the Ninth CircuitMay 13, 2003No. 02-35078; D.C. No. CV-00-03095-FRCalifornia291 words

Opinion

Lead Opinion

MEMORANDUM ***

Lester McKee appeals the district court’s decision affirming the Commissioner of Social Security’s denial of his application for disability benefits under the Social Security Act. McKee argues the record does not support the Commissioner’s finding that McKee could perform his past relevant work.

‘We review de novo the district court’s order affirming the Commissioner’s denial of benefits.” Morgan v. Comm’r of the Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999). The Commissioner’s decision will be upheld so long as it is supported by substantial evidence on the record as a whole and not based on legal error. Id. Substantial evidence refers to “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420 , 28 L.Ed.2d 842 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206 , 83 L.Ed. 126 (1938)).

In reviewing the record as a whole, we hold it provides substantial evidence to support the Commissioner’s findings. Five different doctors produced evidence indicating that McKee made an excellent recovery from his heart surgery and has few remaining…

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