Shubert

Shubert v. Astrue

Good Law
248 F. App'x 830
United States Court of Appeals for the Ninth CircuitSeptember 26, 2007No. 05-35790California541 words

Opinion

Lead Opinion

MEMORANDUM ***

Claimant Milan Shubert appeals the district court’s order affirming the administrative law judge’s (“ALJ”) denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401 . The ALJ found that Claimant was not disabled as of his date last insured, December 31, 1999. We affirm.

On appeal, Claimant asserts six errors. Because two of the asserted errors were not raised before the district court, we address only the four that Claimant preserved. Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir.1997) (per curiam).

1. An ALJ must provide clear and convincing reasons to reject a claimant’s testimony where (as here) there is no ma *832 lingering. Lester v. Chater, 81 F.3d 821, 834 (9th Cir.1996). The ALJ discounted aspects of Claimant’s testimony regarding the severity of his symptoms before his date last insured because: (a) Claimant was able to maintain employment up to eight days before his date last insured, despite his symptoms; (b) Claimant’s last job ended for reasons other than his medical conditions; (c) medical records indicated that Claimant’s symptoms had only a limited effect on his functioning; (d) there was no evidence of an…

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