Gabor

Gabor v. Barnhart

Good Law
221 F. App'x 548
United States Court of Appeals for the Ninth CircuitFebruary 22, 2007No. 04-57136California661 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Margo Gabor (“Gabor”) appeals the district court’s grant of summary judgment to the Commissioner *550 of Social Security and decision affirming the denial of social security benefits. We review the district court’s grant of summary judgment in favor of the Commissioner de novo. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). When the Administrative Law Judge’s (ALJ) duty to develop the record is challenged, the district court’s decision regarding the materiality of new evidence is also reviewed de novo. Mayes v. Massanari, 276 F.3d 453, 462 (9th Cir.2001).

Gabor argues on appeal that the ALJ’s decision denying social security disability benefits was deficient for four reasons. Each argument fails.

First, Gabor argues that the ALJ erred by failing to include the mental limitations noted by four medical sources in her Residual Functional Capacity (“RFC”) assessment. While the opinions of examining medical physicians such as Drs. Edleman and Moran are entitled to evidentiary weight, here the ALJ provided specific, legitimate reasons for rejecting those findings. Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir.2002). As demonstrated by…

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