Shafer

Shafer v. Barnhart

Good Law
120 F. App'x 688
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-15887California3,963 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Patricia Shafer (“Shafer” or “Claimant”) appeals the District Court’s grant of summary judgment 1 to Defendant-Appellee Commissioner of Social Security (“Commissioner”) affirming the Commissioner’s denial of Shafer’s application for disability insurance benefits (“DIB”) under Title II of the Social Security Act (“Act”), 42 U.S.C. §§ 1381 et seq.

Shafer alleged disability from her former employment as an audit clerk stemming from chronic bronchitis, asthma, and a herniated and bulging disk. Upon performing the five step disability evaluation set forth in 20 C.F.R. § 404.1520 , 2 the Administrative Law Judge (“ALJ”) concluded at step four that Claimant is not *692 disabled within the meaning of the Act because she retains the residual functional capacity for sedentary work despite her medically determinable impairments.

Shafer asserts that the District Court overlooked four errors committed by the ALJ: (1) the ALJ erred in rejecting without further developing the record the opinion of a non-examining medical expert who testified at the hearing that Shafer suffered from anxiety, which caused hyperventilation syndrome resulting in substantial…

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