Zumwalt

Zumwalt v. Astrue

Good Law
241 F. App'x 385
United States Court of Appeals for the Ninth CircuitJuly 16, 2007No. 05-36046California740 words

Opinion

Lead Opinion

MEMORANDUM ***

Jennifer Zumwalt appeals the district court’s order affirming the Commissioner of Social Security’s (“Commissioner”) denial of her application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”), pursuant to 42 U.S.C. § 423 and 42 U.S.C. §§ 1381 -1383Í. Ms. Zumwalt contends that the Administrative Law Judge (“ALJ”) improperly excluded the opinions of non-examining and examining physicians, and erred in concluding that she can perform the jobs of sack repairer or assembler by failing to consider her mental limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s decision and must uphold the denial of benefits if the Commissioner’s denial is supported by substantial evidence and free of legal error. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). We affirm.

I

Ms. Zumwalt contends that the ALJ improperly excluded the opinions of non-examining physician Dr. James Bailey, Ph. D., and examining physicians Dr. Richard H. Drew, Ph.D. and Dr. C. Donald Williams, M.D., CGP, regarding Ms. Zumwalt’s mental limitations.

Dr. Bailey’s Disability Determination Services…

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