Kind

Kind v. Barnhart

Good Law
130 F. App'x 99
United States Court of Appeals for the Ninth CircuitMarch 22, 2005No. 03-35128; D.C. No. CV-02-00030-CSOCalifornia551 words

Opinion

Lead Opinion

MEMORANDUM **

Jerry L. Kind appeals the district court’s grant of summary judgment to the Commissioner of Social Security, which upheld the Commissioner’s denial of disability benefits to him. See 42 U.S.C. §§ 401-434 . We affirm in part and reverse and remand in part.

We first note that Kind had to show some material change in his condition since October 27, 1995, when his prior claim was decided against him. Light v. Soc. Sec. Admin., 119 F.3d 789 , 791-92 (9th Cir. 1997); Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir.1988); Lyle v. Sec’y of Health & *101 Human Servs., 700 F.2d 566, 568-69 (9th Cir.1983).

(1) Kind initially asserts that the Administrative Law Judge improperly rejected the results of a functional capacity evaluation. We disagree. The test protocol itself generated an “invalid” result finding. The ALJ was entitled to accept that, rather than the contrary opinion of a physical therapist. See Thomas v. Barnhart, 278 F.3d 947, 958 (9th Cir.2002).

(2) Kind next argues that the ALJ erred when he disregarded certain opinions of Kind’s treating and evaluating physicians. Again, we disagree. Essentially, the ALJ rejected physician opinions that relied almost entirely…

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