Hunter

Hunter v. Astrue

Good Law
254 F. App'x 604
United States Court of Appeals for the Ninth CircuitNovember 14, 2007No. 06-15047California608 words

Opinion

Lead Opinion

*606 MEMORANDUM ***

The facts and procedural posture of the case are known to the parties, and we do not repeat them here.

The Ninth Circuit reviews a district court’s order upholding the Commissioner’s final denial of benefits de novo. Ukolov v. Barnhart, 420 F.3d 1002, 1004 (9th Cir.2005). The Commissioner’s decision must be affirmed if it was supported by substantial evidence and based on proper legal standards. Id.

Kenneth W. Hunter, the Appellant, argues that the Administrative Law Judge (“ALJ”) committed reversible error by rejecting the medical opinion of Hunter’s treating physician, Dr. Oba. As is required when rejecting the opinion of a treating physician, the ALJ set forth specific and legitimate reasons for finding Dr. Abdelkarim’s opinion more persuasive than that of Dr. Oba. See Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir.2002). The ALJ explained that the record indicates that Hunter visited Dr. Oba on a single occasion, that the only objective evidence relied upon by Dr. Oba consisted of “old records, marked decreased breath sounds; sear and atrophy of right shoulder/arm with weakness,” that Dr. Oba did not claim any special training in pulmonary disorders,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.