McFarland

McFarland v. Astrue

Good Law
288 F. App'x 357
United States Court of Appeals for the Ninth CircuitJuly 25, 2008No. 06-35549California769 words

Opinion

Lead Opinion

Strom, J.

MEMORANDUM ***

Appellant Lawrence McFarland appeals the district court’s judgment affirming the Commissioner of the Social Security Administration’s denial of McFarland’s application for Supplemental Security Income disability benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review a district court’s decision in a social security case de novo. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). The Commissioner’s disability determination should be upheld unless the decision contains legal error or is not supported by substantial evidence. Stout v. Comm’r of Social Sec. Admin., 454 F.3d 1050, 1052 (9th Cir.2006); 42 U.S.C. §§ 405 (g), 1383(c)(3). Substantial evidence is “more than a mere scintilla but less than a preponderance. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Desrosiers v. Sec’y of Health & Human Servs., 846 F.2d 573, 577 (9th Cir.1988) (internal quotation marks and citations omitted). “Where evidence is susceptible to more than one rational interpretation,” the ALJ’s decision should be upheld. Burch, 400 F.3d at 679 .

McFarland first argues that the ALJ erred by failing to consider…

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