Montez

Montez v. Astrue

Good Law
320 F. App'x 532
United States Court of Appeals for the Ninth CircuitMarch 20, 2009No. 07-16720California816 words

Opinion

Lead Opinion

MEMORANDUM *

Robert Montez appeals the district court’s judgment affirming the Commissioner of Social Security’s final decision to deny his application for Disability Insurance Benefits and Supplemental Security Income under Titles II and XVI of the Social Security Act. 1 Because the parties are familiar with the facts and procedural history of this case, we will discuss them only as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The Social Security regulations provide a five-step inquiry to determine whether a claimant is entitled to benefits. 20 C.F.R. §§ 404.1520 (a)(4), 416.920(a)(4). At step five, the Administrative Law Judge (“ALJ”) determined that, while Montez could not perform his past relevant work, he had the residual functional capacity (“RFC”) to perform other jobs existing in significant numbers in the national economy. Montez challenges the ALJ’s (1) discussion of opinion testimony, (2) finding that Montez was not fully credible, and (3) reliance on the Medical-Vocational Guidelines (the “grids”) in lieu of vocational expert testimony.

*534 534

320 FEDERAL APPENDIX

[1] First, Montez argues that the ALJ…

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