Gallegos

Gallegos v. Barnhart

Good Law
80 F. App'x 10
United States Court of Appeals for the Ninth CircuitOctober 22, 2003No. 02-56261; D.C. No. CV-00-00203-JWJCalifornia420 words

Opinion

Lead Opinion

MEMORANDUM **

Reuben Gallegos appeals the denial of his claim for social security disability and supplemental income benefits. We review de novo the district court’s decision affirming the Commissioner’s denial of benefits. Johnson v. Shalala, 60 F.3d 1428, 1432 (9th Cir.1995). The decision of the Commissioner must be affirmed if it is supported by substantial evidence and the Commissioner applied the correct legal standards. Id. The Commissioner’s determination of disability is governed by the five-step, sequential evaluation process set forth in 20 C.F.R. § 404.1520 . Because we conclude that substantial evidence supports the Administrative Law Judge’s (“ALJ”) determination at step four of the sequential disability evaluation process, we affirm.

At step four, the ALJ concluded that Gallegos could perform his past relevant work as a security guard. The ALJ posed a hypothetical (#2) to the vocational expert ("VE”) premised on the physical restrictions provided by Dr. Ho, Gallegos’ treating physician. When asked if Gallegos could perform past relevant work, the VE responded that he could perform work as a security guard with difficulty, and that some suitable security guard…

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