Weirup
Weirup v. Commissioner Social Security Administration
Opinion
Lead Opinion
MEMORANDUM *
Conrad W. Weirup appeals the district court’s order granting summary judgment in favor of the Commissioner of Social Security in Weirup’s action challenging the cessation of his Social Security Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. § 423 (d)(1)(A) (2006). Weirup’s benefits ceased in November 2001 after he did not respond to a request to furnish information indicating whether he was still under a disability. He requested reconsideration and eventually a hearing was held where the ALJ found that Weirup was able to make an adjustment to other work in the economy and was, therefore, not disabled within the meaning of the Social Security Act. The district court affirmed.
We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s order upholding the Commissioner’s denial of benefits de novo. See Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). We may set aside a denial of benefits “only if it is not supported by substantial evidence or if it is based on legal error.” Floten v. Sec’y of Health and Human Servs., 44 F.3d 1453, 1457 (9th Cir.1995).