Huff

Huff v. Astrue

Good Law
275 F. App'x 713
United States Court of Appeals for the Ninth CircuitApril 28, 2008No. 06-36108California1,252 words

Opinion

Lead Opinion

MEMORANDUM ****

Plaintiff-appellant Kenneth Huff appeals the district court’s ruling affirming the Administrative Law Judge’s (ALJ) determination that Huff was not entitled to Social Security disability benefits. Because the parties are familiar with the facts, we do not recite them here except as necessary to explain our decision.

We review de novo the district court’s decision affirming the ALJ’s decision and will uphold a denial of benefits if the ALJ “applied the correct legal standards and substantial evidence supports the decision.” See Stout v. Comm’r, 454 F.3d 1050, 1052 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Huff first contests the ALJ’s failure to find that his depression and chronic pain disorder are severe impairments at step two of the five-step disability determination. See 20 C.F.R. § 404.1520 . The ALJ found that Huffs degenerative disc disease was a severe impairment and extensively discussed Huffs back pain in doing so. *716 Thus, contrary to Huffs contention, the ALJ properly considered Huffs chronic back pain and found in his favor. The medical evidence also amply supports the ALJ’s finding that Huffs depression was not…

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.