DeLeon

DeLeon v. Astrue

Good Law
302 F. App'x 725
United States Court of Appeals for the Ninth CircuitDecember 8, 2008No. 07-35063California667 words

Opinion

lead Opinion

MEMORANDUM ***

Ernesto H. DeLeon appeals the district court’s order affirming the final decision of the Commissioner of Social Security that DeLeon is not entitled Social Security Disability Insurance Benefits. We review the district court’s order upholding the denial of benefits de novo, see Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004), and affirm.

This court will affirm the Commissioner’s decision if it is supported by substantial evidence. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). Substantial evidence is “more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Howard ex rel. Wolff v. Barnhart, 341 F.3d 1006, 1011 (9th Cir.2003) (internal quotations omitted).

DeLeon argues that the Administrative Law Judge (ALJ) erred in finding that DeLeon did not have a severe mental impairment. We disagree. An impairment is not severe if the evidence establishes only a slight abnormality with no more than a minimal effect on an individual’s ability to work. Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.1996); 20 C.F.R. § 404.1521 (a).…

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