Aerni

Aerni v. Barnhart

Good Law
136 F. App'x 68
United States Court of Appeals for the Ninth CircuitJune 15, 2005No. 03-35948California302 words

Opinion

Lead Opinion

ORDER AND MEMORANDUM **

Surviving spouse Teresa Aerni appeals an order of the district court upholding the denial of her late husband’s applications for Social Security disability insurance and supplemental security income benefits. Unpersuaded by Mrs. Aerni’s assertions of error, we affirm.

We conclude that the post-hearing letter written by L. Lee McCullough, M.D. does not undermine the substantial evidence supporting the decision denying benefits. See Ramirez v. Shalala, 8 F.3d 1449, 1452 (9th Cir.1993). The clinical and diagnostic results described in the letter dated only as far back as February, 2001, and failed to support Dr. McCullough’s opinion that Mr. Aerni had been unable to work since October, 1999. In addition, as the district court noted, the letter primarily “offered observations and objective evidence that the ALJ already had considered in his written decision.” The sole exception was Dr. McCullough’s description of a CT scan obtained in February, 2002, which did not “relate[] to the period on or before the date of the [ALJ] hearing” and therefore was not a proper addition to the record. See 20 C.F.R. § 404.970 (b).

We also view the ALJ’s reasons for finding…

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