Mead

Mead v. Astrue

Good Law
330 F. App'x 646
United States Court of Appeals for the Ninth CircuitMay 20, 2009No. 07-15884California494 words

Opinion

Lead Opinion

MEMORANDUM **

Victoria Mead appeals the district court’s decision affirming the Commissioner of Social Security Administration’s denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s decision affirming the Commissioner’s denial of benefits. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). We will overturn the Commissioner’s decision only if it is “not supported by ‘substantial evidence or it is based on legal error.’ ” Id. We affirm.

The ALJ properly relied on Dr. Moore’s testimony, which was consistent with the Social Security regulation’s definition of a “marked” impairment or limitation. See 20 C.F.R. Pt. 404, Subpt. P. App. 1 § 12.00(C). The ALJ was under no duty to further develop the record regarding Mead’s impairments because the evidence in the record was unambiguous and adequate to allow proper evaluation of those impairments, particularly in light of Mead’s own testimony regarding her activities. See Mayes v. Massanari, 276 F.3d 453, 459-60 (9th Cir.2001) (“An ALJ’s duty to develop the record further is triggered only when there is…

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