Barnhart

Miller v. Barnhart

Good Law
72 F. App'x 622
United States Court of Appeals for the Ninth CircuitAugust 1, 2003No. 02-35280; D.C. No. CV-01-03017-CICalifornia765 words

Opinion

Lead Opinion

MEMORANDUM **

Lisa Miller (“Miller”) appeals the district court’s order affirming the Social Security Commissioner’s denial of her claims for Social Security Disability benefits and Supplemental Security Income. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

Because the parties are familiar with the factual and procedural history of the case, we will not repeat it here.

I.

Miller did not raise the following five issues in the district court: (1) that the Administrative Law Judge (“ALJ”) failed to explain why he gave greater weight to the opinions of Drs. McRae and Brown than to the opinion of Dr. Williams; (2) that the ALJ failed to consider the complete opinions of state agency physicians, Drs. McRae and Brown; (3) that the ALJ *623 erred in assessing the lay witness testimony of Mr. Miller; (4) that the ALJ did not consider Miller’s non-severe foot and back impairments in his RFC analysis; and (5) that the ALJ failed fully to explain the basis for his RFC findings. She therefore has waived these arguments on appeal. See Copeland v. Bowen, 861 F.2d 536, 540 (9th Cir.1988) (holding that courts of appeal will not consider arguments not raised in the…

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