Ferguson

Ferguson v. Astrue

Good Law
270 F. App'x 563
United States Court of Appeals for the Ninth CircuitMarch 17, 2008No. 06-35351California507 words

Opinion

lead Opinion

MEMORANDUM ***

Timothy Ferguson’s disability coverage under the Social Security Act lapsed in 1999, and he filed a claim for benefits in 2001. After a hearing before an administrative law judge (“ALJ”), the Commissioner of the Social Security Administration denied his claim. The district court affirmed, and Ferguson brought this appeal. We review de novo a district court’s affirmance of a denial of disability benefits. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). The Commissioner’s decision must be affirmed if it is supported by substantial evidence and the Commissioner relied on the correct legal standards. Id.

The district court correctly determined that the Commissioner’s conclusions were supported by substantial evidence. Ferguson failed to meet his burden of proving that he was disabled for at least one year prior to the date last insured. See Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir.1999) (placing the burden of proof on the claimant). Ferguson presented evidence that he suffered from post-traumatic stress disorder, but he presented scant evidence that this condition constituted a severe impairment as required for a finding of disability…

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