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BENTON EX REL. BENTON v. BARNHART

No. 02-55941.

331 F.3d 1030 (2003)

Jeffrey BENTON, on behalf of Lynn BENTON, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2003.

Attorney(s) appearing for the Case

Thomas Garrett Roche, San Diego, CA, for the plaintiff-appellant.

John C. Cusker, Assistant Regional Counsel, Social Security Administration, San Francisco, CA, for the defendant-appellee.

Before: B. FLETCHER, SILVERMAN, Circuit Judges, and MARTONE, District Judge.

OPINION

BETTY B. FLETCHER, Circuit Judge:

Jeffrey Benton, on behalf of his deceased wife Lynn Benton ("Benton"), appeals the district court's affirmance of the Commissioner's denial of her claim for Social Security Disability Insurance Benefits. An Administrative Law Judge ("ALJ") found that Benton was not mentally disabled. In doing so, he refused to credit the opinion of Benton's psychiatrist as her treating physician. The ALJ instead relied upon the opinion...

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