Herrera

Herrera v. Barnhart

Good Law
210 F. App'x 635
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-16341California335 words

Opinion

Lead Opinion

MEMORANDUM **

Teresa V. Herrera appeals the District Court’s order affirming the Social Security Administration Commissioner’s decision denying her application for disability benefits under Title II of the Social Security Act.

A district court’s order upholding the Commissioner’s denial of benefits is reviewed de novo. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). The Commissioner’s decision may be reversed only if it is not supported by substantial evidence or if it is based on legal error. Id. “Substantial evidence means more than a mere scintilla but less than a preponderance. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989) (internal quotation marks omitted).

Here, the Commissioner’s determination was based on substantial evidence, including the opinion of a testifying medical expert and other evidence in the record supporting that opinion. See Andrews v. Shalala, 53 F.3d 1035, 1041-42 (9th Cir. 1995) (stating that testifying medical expert’s opinion, when coupled with other supporting evidence, may serve as requisite substantial evidence to uphold…

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