Cardy

Cardy v. Astrue

Good Law
303 F. App'x 393
United States Court of Appeals for the Ninth CircuitDecember 10, 2008No. 07-35329California428 words

Opinion

lead Opinion

MEMORANDUM **

Deborah Cardy appeals from the Commissioner of the Social Security Administration’s termination of her disability benefits. The district court affirmed the ALJ’s denial and this appeal followed. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Substantial evidence. Although the ALJ did not explicitly state which of the three tests for substantial gainful activity (SGA) Cardy’s activities met, he analyzed Cardy’s work with Peace of Mind Vacations in a manner consistent with the rubrics of both Test One and Test Three. See 20 C.F.R. § 404.1575 (a)(2)(i)(iii). Drawing “specific and legitimate inferences” from the ALJ’s opinion, we conclude that the ALJ found that Cardy’s activities met both Test One and Test Three. See Magallanes v. Bowen, 881 F.2d 747, 755 (9th Cir.1989).

The ALJ found that Cardy’s average monthly income throughout 1999 was greater than $500, which created a rebut-table presumption that she had been engaged in SGA. See 20 C.F.R. § 404.1575 (a)(2)(iii); id. § 404.1574(b)(2) tbl.l. The ALJ appropriately relied on the record to find that Peace of Mind Vacations was profitable in 1999. The ALJ found that Cardy’s monthly earnings were enough to…

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