Schwartz

MEMORANDUM *

Dr. Schwartz challenges the district court’s factual findings that: (1) surgery as not a substantial and material duty of his regular occupation at the time of his disability in 1993; (2) he is currently capable of performing knee arthroscopies at the rate of 1-2 per week; and (3) he was not under the regular care and attendance of a doctor during the time when he was receiving benefits. These factual findings are not clearly erroneous because “the district court’s findings are plausible in light of the record viewed in its entirety.” Husain v. Olympic Airways, 316 F.3d 829, 835 (9th Cir.2002).

*27 Dr. Schwartz’s objection that the hospital records lack foundation was not properly preserved, see Fed.R.Evid. 103(a)(1); City of Phoenix v. Com/Sys., Inc., 706 F.2d 1033 , 1038 (9th Cir.1983), and in any event omitting the records would not make the district court’s finding regarding Dr. Schwartz’s surgical practice in 1993 less plausible in light of the remainder of the evidence, see Husain, 316 F.3d at 835 .

The district court did not err in crediting Dr. Shanfield’s testimony, which was neither internally contradictory, nor reliant on evidence inconsistent with other…