Gallegos v. Barnhart
Gallegos v. Barnhart
Opinion of the Court
MEMORANDUM
Reuben Gallegos appeals the denial of his claim for social security disability and supplemental income benefits. We review de novo the district court’s decision affirming the Commissioner’s denial of benefits. Johnson v. Shalala, 60 F.3d 1428, 1432 (9th Cir. 1995). The decision of the Commissioner must be affirmed if it is supported by substantial evidence and the Commissioner applied the correct legal standards. Id. The Commissioner’s determination of disability is governed by the five-step, sequential evaluation process set forth in 20 C.F.R. § 404.1520. Because we conclude that substantial evidence supports the Administrative Law Judge’s (“ALJ”) determination at step four of the sequential disability evaluation process, we affirm.
At step four, the ALJ concluded that Gallegos could perform his past relevant work as a security guard. The ALJ posed a hypothetical (#2) to the vocational expert ("VE”) premised on the physical restrictions provided by Dr. Ho, Gallegos’ treating physician. When asked if Gallegos could perform past relevant work, the VE responded that he could perform work as a security guard with difficulty, and that some suitable security guard positions were available. The VE did not indicate that Gallegos was incapable of engaging in such work. Because the VE testified, based on the treating physician’s assessment, that Gallegos could perform past relevant work, substantial evidence exists in the record to support the ALJ’s determination.
Because the ALJ applied the proper legal standards in determining that Gallegos was not disabled, and our review of the record indicates that substantial evidence supported the Commissioner’s decision, we affirm.
AFFIRMED.
This disposition, is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.