Zerba

Zerba v. Commissioner

Good Law
279 F. App'x 438
United States Court of Appeals for the Ninth CircuitMay 16, 2008No. 06-35458California580 words

Opinion

Lead Opinion

MEMORANDUM ***

Jeannette Zerba appeals the district court’s order affirming the denial of her application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33 . We review the findings of the Administrative Law Judge for substantial evidence and we affirm. See Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004).

First, we conclude that substantial evidence supports the ALJ’s determination that Zerba’s depression was not severe notwithstanding a GAF score of 45. Although consulting psychologist Dr. Deitch attributed that score to Zerba, the bulk of his examination revealed that Zerba functioned normally and her depression was in remission. The evaluation established that Zerba exhibited a pleasant mood and showed minimal depressive symptoms. The ALJ properly resolved the conflicting medical evidence, and we therefore cannot say based on a review of the entire record that his ultimate conclusion was erroneous. See Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.1996) (citation omitted) (explaining that impairments are severe only if they limit the claimant’s “ability to do basic work activities”); Reddick v. Chater, 157…

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