Schrader

Schrader v. Barnhart

Good Law
96 F. App'x 452
United States Court of Appeals for the Ninth CircuitApril 19, 2004No. 02-17324; D.C. No. CV-01-02090-JFMCalifornia623 words

Opinion

Lead Opinion

MEMORANDUM **

Pro se appellant Janice L. Schrader appeals the district court’s order affirming the Social Security Commissioner’s decision to deny her disability benefits. An administrative law judge (“ALJ”) determined that while Schrader suffered from a number of impairments, those impairments did not prevent her from engaging in all work. “We may set aside a denial of benefits only if it is not supported by substantial evidence or if it is based on legal error.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002) (citation and internal quotation marks omitted). “Substantial evidence” means “more than a scintilla but less than a preponderance.” Id. (citation omitted). In this case, we affirm because substantial evidence supports the ALJ’s decision.

1. The ALJ properly relied upon the opinion of Dr. McIntyre. The opinion of an examining physician is generally accorded considerable weight. See Tonapetyan v. Halter, 242 F.3d 1144, 1149 (9th Cir.2001) (holding that the examining physician’s opinion alone constituted substantial evidence). Further, the fact that Dr. McIntyre examined Ms. Schrader after she had begun a regular course of treatment is of no moment. Cf. Kearney v.…

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