Css

Ruiz v. Commissioner of Social Security Administration

Good Law
490 F. App'x 907
United States Court of Appeals for the Ninth CircuitNovember 19, 201211-16162California514 words

Opinion

Opinion

MEMORANDUM

Joann Ruiz applied for Supplemental Security Income alleging disability pursuant to 42 U.S.C. §§ 1381 — 83(f). The ALJ deciding her case denied her claim, and the Appeals Council denied review. The district court granted summary judgment for the Commissioner. Ruiz now appeals. This court reviews de novo the district court’s affirmance of the Commissioner’s denial of benefits. See Edlund v. Massa-nari, 258 F.3d 1152 , 1156 (9th Cir.2001). We affirm.

The facts are known to the parties. Ruiz raises two issues on appeal. First, she argues that the ALJ erred by rejecting the opinion of an examining doctor in favor of a nonexamining doctor. Second, she argues that the ALJ erred by rejecting the subjective testimony offered by Ruiz and another third party. A third issue alleging error in the ALJ’s application of the grids was withdrawn by Ruiz at oral argument.

To reject the opinion of an examining, nontreating doctor in favor of a contradicting, nonexamining, and nontreating doctor, the ALJ must provide specific and legitimate reasons that are supported by substantial record evidence. See Andrews v. Shalala, 53 F.3d 1035, 1039, 1043 (9th Cir.1995). Ruiz argues that only…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.