Barnhart

Nelson v. Barnhart

Good Law
84 F. App'x 782
United States Court of Appeals for the Ninth CircuitDecember 11, 2003No. 03-35223; D.C. No. CV-01-05710-FDBCalifornia514 words

Opinion

Lead Opinion

MEMORANDUM **

Kate Nelson appeals from the denial of her 1997 application for Supplemental Security Income (“SSI”), Title XVI disability insurance, under the Social Security Act, 42 U.S.C. §§ 1381 -8SÍ. We have jurisdiction over this timely appeal pursuant to 42 U.S.C. § 405 (g) and 28 U.S.C. § 1291 . We affirm.

We review a district court’s order upholding the Commissioner of the Social Security Administration’s (“Commissioner”) denial of benefits de novo. Benton v. Barnhart, 331 F.3d 1030, 1035 (9th Cir. 2003). The decision of the Commissioner must be affirmed if it is supported by substantial evidence and free of legal error. Id.

Nelson contends the Administrative Law Judge (“ALJ”) failed to provide “specific and legitimate” reasons for rejecting the opinions of her examining and treating physicians. The ALJ concluded that Nelson retained the residual functional capacity to work as a surveillance system monitor, sedentary unskilled work of which there are 1,200 jobs in Washington and 50,000 jobs nationally. See 42 U.S.C. § 423 (d)(2)(A). After careful examination of the record, we conclude that the ALJ accorded proper weight to the treating and examining physicians’…

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