Barnhart
Smith v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
Robert Smith appeals a district court order affirming an administrative decision denying him disability benefits under the Social Security Act, 42 U.S.C. §§ 416 (i), 423. The denials below are on the ground that Smith’s impairments were not severe during his period of insurance coverage. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
The parties are familiar with the facts, which will be referenced only as necessary to explain the decision. A denial of disability benefits by the Commissioner of Social Security may be reversed only if unsupported by substantial evidence or based on legal error. Benton ex rel. Benton v. Barnhart, 331 F.3d 1030, 1035 (9th Cir.2003).
The second step of the Social Security Administration’s five-step disability evaluation screens out claimants without a “severe impairment” or “combination of impairments” that significantly limits the claimant’s “physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520 (c). A disability must be present for at least twelve months continuously or be expected to result in death. 42 U.S.C. § 416 (i)(l). The administrative law judge found that Smith did not have a severe…