Doan

Doan v. Astrue

Good Law
237 F. App'x 246
United States Court of Appeals for the Ninth CircuitJune 15, 2007No. 05-56695California448 words

Opinion

Lead Opinion

MEMORANDUM ****

The Appellant, Phuong Doan, seeks reversal of the district court’s order denying her motion for summary judgment and granting Appellee’s motion. Appellant’s motion sought an order compelling the Commissioner to grant her application for Social Security benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1382c. This court reviews de novo the district court’s summary judgment. Saelee v. Chater, 94 F.3d 520, 521 (9th Cir.1996). The decision of the Commissioner, however, will be affirmed if free of legal error *248 and supported by substantial evidence. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996).

Appellant makes numerous intertwined arguments, each of which we reject. Having carefully reviewed the Administrative Law Judge’s (“ALJ’s”) decision and the record, we find Appellant’s argument that the ALJ did not give specific and convincing reasons for finding that she was not fully credible to be without merit. Appellant also argues that the ALJ relied on records that pre-dated her second application for benefits and further argues that in the process the ALJ erroneously applied “de facto and de jure” res judicata. There is no basis for this…

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