Muhammad Chaudhry v. Michael Astrue

Good Law
688 F.3d 661·2012 WL 3241364·2012 U.S. App. LEXIS 16704
United States Court of Appeals for the Ninth CircuitAugust 10, 201211-35072California5,392 words

Opinion

Opinion

Rawlinson, J.

Appellant Muhammad Chaudhry (Chaudhry) appeals the district court’s grant of summary judgment in favor of Appellee Michael J. Astrue, Commissioner of the Social Security Administration (Commissioner). Chaudhry argues that the Administrative Law Judge (ALJ) erred in finding that Chaudhry is not disabled as defined in the Social Security Act (Act). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I. BACKGROUND

Chaudhry was thirty-two years old when he allegedly became disabled in 2005. Chaudhry had earned a general college degree in his native Pakistan, and performed past relevant work as a fast-food worker, sales clerk, cashier, waiter, and housekeeper/cleaner. He served in the United States Army from January 22, 2002, to August 20, 2002, and from November 15, 2003, to February 25, 2005. Chaudhry injured his back while serving in the army in 2004. He also suffers from migraine headaches, narcolepsy, and depression.

A. VA Evaluations

Following Chaudhry’s back injury, several medical providers assessed him in June, 2004. According to Dr. John D. Werschkul, Chaudhry’s 2004 MRI showed mild protrusion and no need for surgery. Dr. Werschkul also indicated that…

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