Nolan

Nolan v. Commissioner of the Social Security Administration

Good Law
154 F. App'x 640
United States Court of Appeals for the Ninth CircuitNovember 17, 2005No. 04-35700; D.C. No. CV-03-03064-REJCalifornia670 words

Opinion

Lead Opinion

*641 MEMORANDUM *

Appellant Gerald R. Nolan appeals the district court’s order denying his motion to alter or amend the judgment which affirmed the Administrative Law Judge’s (ALJ’s) denial of Nolan’s disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 1381 et seq. We affirm.

Because the parties are familiar with the facts, we recount them here only as necessary to explain our disposition. Nolan claims he has been unable to work since October 7, 1998 due to a lumbar spine injury, pain, and mental disorders. The Social Security Agency (SSA) denied his application for disability benefits initially and on reconsideration. On June 12, 2000, an ALJ conducted a hearing where Nolan, his wife, a vocational rehabilitation counselor, and a vocational expert testified. The ALJ found Nolan not to be a credible witness and derivatively found Nolan’s witnesses not to be credible either. The ALJ in part relied on the vocational expert’s testimony to find that Nolan could still perform past relevant work as generally performed within the national economy: a supervisor of an auto body repair shop. Therefore, the ALJ denied Nolan’s claim for disability…

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