Wilkes

MEMORANDUM **

David Wilkes (“Appellant”) applied to the Social Security Administration (“SSA”) for Supplemental Security Income benefits pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 -83f. Appellant’s application was denied in 2001 because the Commissioner of the SSA (the “Commissioner”) determined that Appellant had the residual functioning capacity to perform sedentary work. Appellant then sought judicial review in the United States District Court for the Eastern District of California (the “District Court”). Both parties consented to appear before a Magistrate, who granted summary judgment to the Commissioner. Appellant appealed and we review the District Court’s grant of summary judgment de novo.

In reviewing a disability determination, our review is limited to: (1) whether there is substantial evidence in the record as a whole to support the findings of the Commissioner; and (2) whether the correct legal standards were applied. See Magallanes v. Brown, 881 F.2d 747, 750 (9th Cir.1989). There is certainly substantial evidence in the record to support the determination that Appellant had the residual functioning capacity to perform sedentary work.…