Senko

Senko v. Astrue

Good Law
279 F. App'x 509
United States Court of Appeals for the Ninth CircuitMay 22, 2008No. 07-35010California764 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff-appellant Jennifer Senko (“Senko”) appeals the district court’s ruling affirming the Administrative Law Judge’s (“ALJ”) determination that Senko 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 of Soc. Sec. Admin., 454 F.3d 1050, 1052 (9th Cir. 2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Senko first claims that the ALJ misinterpreted and ignored some of Dr. Peter Stivers’s findings. To the contrary, the ALJ specifically discussed Dr. Stivers’s report, found it was consistent with other evidence in the record, and incorporated Dr. Stivers’s findings as to Senko’s limitations in his assessment of Senko’s residual functional capacity (“RFC”).

Next, Senko contends that Dr. Kuka’s assessment cannot be used to justify an “essentially unrestricted” return to light work. The ALJ…

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