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Mendoza v. Astrue

United States Court of Appeals, Ninth Circuit
Jun 5, 2007
237 F. App'x 164 (9th Cir. 2007)

Opinion

No. 05-55975.

Argued and Submitted May 17, 2007.

Filed June 5, 2007.

Lawrence D. Rohlfing, Esq., Law Offices of Lawrence Rohlfing, Santa Fe Springs, CA, for Plaintiffs-Appellants.

Katherine R. Loo, Esq., SSA — Social Security Administration, Office of the General Counsel, San Francisco, CA, for Defendant-Appellee.

Appeal from the United States District Court for the Central District of California, Marc L. Goldman, Magistrate Judge, Presiding. D.C. No. CV-04-03490-MLG.

Before: FISHER and CLIFTON, Circuit Judges, and FOGEL, District Judge.

The Honorable Jeremy D. Fogel, United States District Judge for the Northern District of California, sitting by designation.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

In 2006, Antoinette Maiwurm appealed the denial of disability insurance benefits and supplemental security income, arguing that the administrative law judge (ALJ) did not properly consider her treating and examining physicians' opinions relating to the impact of her mental health on her ability to work. After filing her notice of appeal, Maiwurm died. Maiwurm's death mooted her Title XVI claim for SSI benefits. See Parra v. Astrue, 481 F.3d 742, 745 (9th Cir. 2007).

Although the ALJ erred in failing to address portions of the treating and examining physicians' opinions, we conclude that with respect to Maiwurm's remaining disability claim such error was harmless for the reasons stated by the magistrate judge. We therefore affirm the denial of disability insurance benefits.

AFFIRMED.


Summaries of

Mendoza v. Astrue

United States Court of Appeals, Ninth Circuit
Jun 5, 2007
237 F. App'x 164 (9th Cir. 2007)
Case details for

Mendoza v. Astrue

Case Details

Full title:Keri-John MENDOZA; Melissa D. Selice, Plaintiffs-Appellants, v. Michael J…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 5, 2007

Citations

237 F. App'x 164 (9th Cir. 2007)

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