Clauson

Clauson v. Astrue

Good Law
231 F. App'x 660
United States Court of Appeals for the Ninth CircuitMay 9, 2007No. 05-55760California841 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant Floyd Clauson (“Clauson”) appeals the Commissioner of Social Security Administration’s (“Commissioner”) denial of social security disability benefits. The Commissioner denied benefits for the period May 5, 1990 through January 21, 1994 on the basis that Clauson had engaged in substantial gainful activity during that period. In a separate opinion, the Commissioner denied disability benefits for the period starting January 22, 1994 because Clauson’s impairments did not render him disabled within the meaning of the Social Security Act. The district court upheld both decisions.

“This court may set aside a denial of Social Security disability insurance benefits when the Secretary’s findings are *662 based on legal error or are not supported by substantial evidence in the record as a whole.” Desrosiers v. Sec’y of Health & Hum. Servs., 846 F.2d 573, 575-76 (9th Cir.1988). “Substantial evidence” consists of “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. at 576 . The court considers the record as a whole, “weighing both the evidence that supports and the evidence that detracts from the Secretary’s conclusion.”…

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