Mejia

Mejia v. Barnhart

Good Law
150 F. App'x 652
United States Court of Appeals for the Ninth CircuitSeptember 30, 2005No. 03-56873California261 words

Opinion

Lead Opinion

MEMORANDUM *

We review the grant of summary judgment de novo, Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001), but judicial review of the Commissioner’s denial of benefits is for substantial evidence. Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989). Legal determinations made by the Commissioner are reviewed de novo. Fair v. Bowen, 885 F.2d 597, 601 (9th Cir.1989).

Mejia’s basic argument is that the ALJ erroneously preferred the findings of an examining doctor to those of a non-examining state agency physician who reviewed all her records. We reject the argument. It is the role of the factfinder to determine which of several views is persuasive. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.1995) (“The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and for resolving ambiguities.”). Moreover, in making that determination, the opinions of examining physicians are generally entitled to greater weight than those of non-examining physicians. Id. at 1041 . There is no legal error in the ALJ’s weighing of the medical evidence.

In any event, we review to determine whether substantial evidence supports the findings of the fact…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.