Constantine v. Barnhart
Constantine v. Barnhart
Opinion of the Court
MEMORANDUM
Bradley W. Constantine appeals the district court’s grant of summary judgment to the Commissioner of Social Security, which upheld the Commissioner’s denial of disability benefits to him. See 42 U.S.C. §§ 401 — 434,1381 — 1384. We affirm.
Constantine makes a number of claims relating to the Administrative Law Judge’s consideration of the evidence.
We have reviewed the record and we agree with the district court that the ALJ met those standards. Thus, the ALJ did not err when she determined that Constantine’s mental impairments were not severe and did not meet the listings, determined his residual functional capacity and his ability to work in the national economy, considered and weighed physician testimony, failed to fully credit Constantine’s testimony about his own limitations, and also
Constantine does raise one other issue, however. He claims that his due process rights were violated because when the case was remanded, the second ALJ adopted the opinion of the first ALJ, without reconsidering the evidence. No doubt Constantine was entitled to due process,
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.
. There were actually two ALJs. After the first one decided the case, the matter was remanded for the taking of further evidence; the second ALJ heard that evidence and issued the final decision. When we refer to the ALJ, we are referring to the second one, unless otherwise noted.
. See, e.g., Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.