Lotze

Lotze v. Commissioner of Social Security

Good Law
213 F. App'x 591
United States Court of Appeals for the Ninth CircuitDecember 20, 2006No. 04-17243California664 words

Opinion

Lead Opinion

MEMORANDUM **

Anthony C. Lotze appeals the magistrate judge’s decision affirming the Commissioner of Social Security’s denial of Mr. Lotze’s now-deceased wife’s application for disability insurance benefits and supplemental security income under Title II, 42 U.S.C. § 401 et seq., and Title XVI, 42 U.S.C. § 1382 et seq.

I

Mr. Lotze contends that the ALJ erroneously determined that Mrs. Lotze’s severe impairment of bipolar disorder did not meet or medically equal an impairment listed in Appendix 1. See 20 C.F.R. pt. 404, subpt. P, app. 1,12.04 & 12.06. The appellant argues that the evidence supports the opposite conclusion. Substantial evidence in the record supports the ALJ’s conclusion. See Lewis v. Apfel, 236 F.3d 503, 515 (9th Cir.2001) (substantial evidence supported finding of no listed impairment in part because evidence did not consistently favor finding of disability).

II

Mr. Lotze next argues that substantial evidence does not support the ALJ’s determination that Mrs. Lotze’s subjective complaints were not credible. In assessing Mrs. Lotze’s subjective complaints, the ALJ properly considered the credibility factors set forth in SSR 96-7p, available at 1996 WL 374186…

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