McCalmon

McCalmon v. Astrue

Good Law
319 F. App'x 658
United States Court of Appeals for the Ninth CircuitMarch 18, 2009No. 07-35874California948 words

Opinion

Lead Opinion

MEMORANDUM **

Lander McCalmon (“McCalmon”) was initially found disabled as of February 5, 2002 because of aortic valvular heart disease. In July 2004, McCalmon was notified that the Social Security Administration (“SSA”) had determined that his disability ceased on May 1, 2004, and his benefits were terminated. An ALJ found that McCalmon’s condition had medically improved after he underwent surgery for aortic heart valve replacement and ascending aortic aneurysm repair in May 2002, and that he could thereafter perform work. The Appeals Council denied McCalmon’s petition for review, making the ALJ’s order the final agency order. The district court affirmed the termination of benefits, and we affirm the district court.

The SSA may terminate benefits if:

42 U.S.C. § 423 (f)(1). “Medical improvement” is analyzed by comparing the current severity of the impairment with the severity of that impairment when claimant was last found to be disabled. 20 C.F.R. § 404.1594 (b)(7). Any improvement must be related to the individual’s ability to work and must also increase the claimant’s “functional capacity to do basic work activities.” 20 C.F.R. § 404.1594 (b)(2). The current functional…

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