Kus

Kus v. Astrue

Good Law
276 F. App'x 555
United States Court of Appeals for the Ninth CircuitApril 25, 2008No. 06-35992California790 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff-appellant Joseph R. Kus appeals the district court’s ruling affirming the ALJ’s determination that Kus, who is severely disabled due to lumbar spine degenerative joint disease and obesity, was not entitled to disability benefits for the period from May 1, 2001 to July 16, 2003. 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, 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 .

Kus’s argument that the ALJ failed to give appropriate weight to the records of his chiropractor, Dr. Martin, is not persuasive. As with other witnesses, the ALJ was required to take into account evidence from Kus’s chiropractor “unless he or she expressly determine[d] to disregard such testimony” and gave reasons for doing so. See Lewis v. Apfel, 236 F.3d 503, 511 (9th Cir.2001). While the ALJ did not explicitly discuss Dr. Martin’s records, an ALJ is not…

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