Presley

Presley v. Barnhart

Good Law
185 F. App'x 662
United States Court of Appeals for the Ninth CircuitJune 19, 2006No. 04-56853California231 words

Opinion

Lead Opinion

MEMORANDUM ***

Tala Presley appeals pro se from the district court’s judgment affirming the decision of an Administrative Law Judge (“ALJ”) determining that Presley was not entitled to benefits greater than the amount calculated by the Social Security Administration. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s order upholding the ALJ’s decision, and we review for substantial evidence the ALJ’s decision. Batson v. Comm’r of the Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). We affirm.

Substantial evidence supports the ALJ’s determination that Presley received the correct monthly disability benefit amount. On appeal, Presley does not challenge the evidence supporting the ALJ’s decision; rather, she contends that she should be entitled to the higher benefit amount she obtained using an online benefit calculator on the Social Security Administration’s website. As the district court explained, however, Presley’s online calculation is not reliable. Among other things, Presley calculated her retirement benefits, not her disability benefits, and her calculation was based on an “indexing year” different from Presley’s correct “indexing…

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