Melloni

Melloni v. Massanari

Good Law
98 F. App'x 659
United States Court of Appeals for the Ninth CircuitMay 19, 2004No. 02-17168; D.C. No. CV-01-01076-VRWCalifornia1,401 words

Opinion

Lead Opinion

MEMORANDUM *

Ugo Melloni appeals from the district court’s grant of summary judgment in favor of the Commissioner of the Social Security Administration. We affirm because the Administrative Law Judge’s (“ALJ”) decision was free of legal error and rested upon substantial evidence.

I

Mr. Melloni contends that he became disabled and unable to work in 1991 due to progressively worsening symptoms that stemmed from a 1972 left cerebral subdur *661 al and epidural hemorrhage and subsequent brain surgery. Alleged symptoms include vomiting, vertigo, headaches, and reading difficulties. Mr. Melloni first applied for a period of disability and benefits on July 5, 1994 under Title II of the Social Security Act (“the Act”). In order to qualify for Title II benefits, Mr. Melloni must show that he became disabled, as defined by the Act, before the date on which his insured status expired, December 31, 1991. See Flaten v. Sec’y of Health & Human Services, 44 F.3d 1453, 1458 (9th Cir.1995).

II

Mr. Melloni contends that the ALJ committed legal error by failing to give specific and legitimate reasons supported by substantial record evidence for rejecting the opinion of his treating physician,…

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