White

White v. Barnhart

Good Law
88 F. App'x 263
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 01-56902; D.C. No. CV-00-12354-CASCalifornia291 words

Opinion

Lead Opinion

MEMORANDUM **

Howard D. White appeals pro se the district court’s summary judgment upholding the Social Security Administration’s decision denying him disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 42 U.S.C. § 405 (g). We review de novo the district court’s decision, and we review for substantial evidence and legal error the Administrative Law Judge’s (“ALJ”) decision. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We affirm.

In a prior decision, an ALJ found that White was not disabled. White’s prior disability adjudication creates a presumption of continuing non-disability which White must rebut by evidence of changed circumstances. See Light v. Social Sec. Admin., 119 F.3d 789 , 791 (9th Cir.1997). White has failed to rebut that presumption. See Brawner v. Sec’y of Health and Human Serv., 839 F.2d 432, 433 (9th Cir.1988) (per curiam).

Substantial evidence supports the ALJ’s finding that White was not disabled because the opinion of White’s treating psy *264 ehiatrist lacked objective medical findings, was based on self-reporting, and conflicted with another psychiatrist’s opinion. See Sandgathe v. Chater, 108 F.3d 978, 980 (9th…

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.