Widman

Widman v. Astrue

Good Law
302 F. App'x 744
United States Court of Appeals for the Ninth CircuitDecember 9, 2008No. 07-35288California937 words

Opinion

lead Opinion

MEMORANDUM ***

John Widman appeals from the Commissioner of the Social Security Administration’s denial of his application for disability insurance benefits. The district court affirmed the Commissioner’s denial and this appeal followed. We “independently determine whether the Commissioner’s decision (1) is free of legal error and (2) is supported by substantial evidence.” Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

1. Psychological Evidence

The ALJ properly complied with an Appeals Council remand order requiring the ALJ to obtain evidence of Widman’s mental impairments and incorporate that evidence into his calculation of Widman’s residual functioning capacity (“RFC”). Widman was examined by Dr. Starr, who conducted a mental examination lasting at least 90 minutes and whose report shows that he collected narrative background information, inquired into Widman’s psychological and pain symptoms and incorporated that information into his conclusions. The ALJ’s discussion of Dr. Starr’s evidence referred to the appropriate regulations, see 20 C.F.R. § 404 .1520a, and concluded that Widman’s mental impairments were…

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