Leah Zapata v. Michael Astrue , 357 F. App'x 939 ( 2009 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 15 2009
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
LEAH F. ZAPATA, No. 09-35199
Plaintiff - Appellant, D.C. No. 2:08-cv-00654-CRD
v.
MEMORANDUM *
MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Carolyn R. Dimmick, District Judge, Presiding
Submitted December 11, 2009**
Seattle Washington, California
Before: BEEZER, GOULD and TALLMAN, Circuit Judges.
Leah Zapata appeals from the district court’s order affirming the decision of
the Commissioner of the Social Security Administration, denying Zapata’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
application for Disability Insurance Benefits and Supplemental Security Income
Benefits.
We review de novo a district court’s order affirming the Commissioner’s
decision to deny benefits. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999).
We reverse the Commissioner’s decision if it is based on legal error or is not
supported by substantial evidence. Id. We have jurisdiction under 28 U.S.C.
§ 1291.
We affirm the district court’s order. The facts of this case are known to the
parties. We do not repeat them.
The Commissioner’s decision is supported by substantial evidence in the
record and is not based on legal error. No medical evidence in the record is
inconsistent with Zapata’s residual functioning capacity as determined at her
disability hearing. We cannot second guess an ALJ’s credibility determination that
is supported by substantial evidence in the record. Thomas v. Barnhart, 278 F.3d
947, 958 (9th Cir. 2002) (citing Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d
595, 600 (9th Cir. 1999)). Substantial evidence in the record supports the ALJ’s
credibility determination.
AFFIRMED.