Nguyen

Nguyen v. Astrue

Good Law
312 F. App'x 53
United States Court of Appeals for the Ninth CircuitFebruary 11, 2009No. 07-56642California577 words

Opinion

Lead Opinion

*54 MEMORANDUM ***

Plaintiff Manh Nguyen appeals the district court’s order affirming the Social Security Commissioner’s final decision to terminate her benefits. We review the district court’s order de novo, see Vasquez v. Astrue, 547 F.3d 1101, 1104 (9th Cir.2008), and we affirm.

The ALJ did not violate Nguyen’s due process rights by failing to obtain records covering the period from 1989 to 2003 from Dr. Nguyen or UPAC. The Social Security Administration did contact UPAC, and UPAC reported that Nguyen had not been treated there since 1992. The ALJ’s duty to develop the record is triggered when the evidence is ambiguous or the record is inadequate to permit a proper evaluation of the evidence. Mayes v. Massanari, 276 F.3d 453, 459-60 (9th Cir.2001). Nguyen has not presented evidence, either before the ALJ or on appeal, that makes the record ambiguous or inadequate to evaluate her claim. Consequently, Nguyen’s claim that the ALJ improperly credited Dr. Gerson and Dr. Carroll based on an inadequate record also fails.

Nguyen’s argument that the ALJ failed to develop Dr. Bolter’s testimony fails because his testimony was not ambiguous, and the ALJ thoroughly and fairly described…

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.