Dewey

Dewey v. Barnhart

Good Law
120 F. App'x 709
United States Court of Appeals for the Ninth CircuitJanuary 18, 2005No. 03-35628California519 words

Opinion

Lead Opinion

MEMORANDUM **

Claimant John P. Dewey appeals from the denial of supplemental security income benefits upon his fourth (1998) application. On de novo review of the denial of benefits, Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999), we affirm.

1. Substantial evidence supports the agency’s finding that Claimant’s condition changed and improved after the earlier (1995) grant of benefits. Drs. Walz, Davis, Astle, and Wood all found in later examinations that Claimant’s neurological functioning, spine, and gait were not significantly impaired, whereas in 1995 Claimant’s history of injury to the head, neck, back, and left leg had supported a disability finding. Dr. Wood, the treating physician, said that Claimant could lift 15 pounds, stand for four hours in an eight-hour day, and reach, push, pull, and handle objects with no difficulty. Also, Claimant stated in 1996 that he did not suffer pain from his past injury. Finally, Claimant’s activities after 1996, including light work in prison and household and maintenance chores, support a finding of changed physical condition.

2. Substantial evidence supports the agency’s finding that Claimant’s mental residual…

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