McElroy

McElroy v. Astrue

Good Law
237 F. App'x 167
United States Court of Appeals for the Ninth CircuitJune 6, 2007No. 05-35512California921 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth McElroy appeals the Social Security Administration’s denial of his application for disability benefits. McElroy contends that the Administrative Law Judge (“ALJ”) erred in finding him “not disabled” under the Social Security Act. Specifically, McElroy challenges the ALJ’s findings that McElroy was: 1) not severely mentally impaired; 2) not credible in his subjective pain testimony; 3) capable of light work; and 4) capable of performing certain light-duty jobs in existence in the national economy.

We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . We review an order of the district court affirming a denial of Social Security benefits de novo. Widmark v. Barnhart, 454 F.3d 1063, 1066 (9th Cir.2006). We may set aside an ALJ’s denial of benefits if the denial decision was not supported by substantial evidence or if it was based on legal error. Id.

First, we affirm the ALJ’s determination that McElroy did not suffer from a severe mental impairment. An impairment “is not severe if it does not significantly limit [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1521 (a). Examinations of McElroy by mental…

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