Fleming

Fleming v. Barnhart

Good Law
202 F. App'x 238
United States Court of Appeals for the Ninth CircuitSeptember 21, 2006No. 04-17020California257 words

Opinion

Lead Opinion

MEMORANDUM *

The district court properly granted summary judgment in favor of the Commissioner of Social Security, because the Administrative Law Judge’s (ALJ) findings that Phyllis L. Fleming (Fleming) did not suffer from a physical or mental impairment affecting her abilities to perform light exertional work were supported by substantial evidence in the record. See Warre v. Comm’r of Soe. Sec. Admin., 439 F.3d 1001, 1004 (9th Cir.2006).

The ALJ’s evaluation of Fleming’s residual functional capacity was consistent with the overall conclusion of the various physicians that she was not disabled. See Bayliss v. Barnhart, 427 F.3d 1211, 1217 (9th Cir.2005) (‘We will affirm the ALJ’s determination of ... RFC if the ALJ applied the proper legal standard and his decision is supported by substantial evidence.”) (citation omitted).

The ALJ properly limited his questioning of the vocational expert to Fleming’s physical impairment, because his finding of no mental impairment was supported by substantial evidence in the record. See Osenbrock v. Apfel, 240 F.3d 1157, 1165 (9th Cir.2001); see also Bayliss, 427 F.3d at 1217 (citation omitted).

Because Fleming failed to satisfy her burden of…

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