142 F.3d 445
Glenn J. TROTTIER, Plaintiff-Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES, Kenneth S. Apfel
*, Social Security Administration,
Defendants-Appellees.
No. 97-35774.
D.C. No. CV-96-00144-RMH.
United States Court of Appeals, Ninth Circuit.
Decided April 29, 1998.
Submitted April 20, 1998.***
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Appeal from the United States District Court for the District of Montana, Robert M. Holter, Magistrate Judge, Presiding.
Before BRUNETTI, RYMER and T.G. NELSON, Circuit Judges.
MEMORANDUM**
Glenn J. Trottier appeals the district court's summary judgment affirming the Social Security Commissioner's final decision denying his application for disability insurance benefits under 42 U.S.C. § 423(d)(1)(A), and determining that his disability ended on May 30, 1995 for purposes of supplemental security income benefits under 42 U.S.C. § 1382c(a)(3)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
We review de novo the district court's grant of summary judgment and will uphold the Commissioner's denial of benefits if it is based upon the proper legal standards, and is supported by substantial evidence in the record as a whole. See Flaten v. Secretary of Health and Human Servs., 44 F.3d 1453, 1457 (9th Cir.1995).
Substantial evidence supports the Administrative Law Judge's ("ALJ") finding that, because Trottier retained the residual functional capacity to perform jobs existing in the national economy, he was not disabled prior to June 30, 1993, when his insured status lapsed. See 42 U.S.C. § 423(d)(2)(A) (stating that an individual is disabled if unable to perform any substantial gainful activity existing in the national economy); 20 C.F.R. § 404.1520(a) (explaining that disability evaluation includes assessment of residual functional capacity); see also Flaten 44 F.3d at 1458. The ALJ provided specific reasons for rejecting Trottier's excessive pain testimony. See Moncada v. Chater, 60 F.3d 521, 523-24 (9th Cir.1995) (per curiam).
The ALJ also provided specific reasons, supported by substantial evidence, for finding that Trottier was not disabled subsequent to May 30, 1995. See 20 C.F.R § 404.1594(b)(3) (stating that medical improvement related to ability to do work may result in termination of disability benefits); Flaten, 44 F.3d at 1460; Moncada, 60 F.3d at 523-24.1
AFFIRMED.
Kenneth S. Apfel, Acting Commissioner, Social Security Administration, is substituted for Shirley S. Chater pursuant to Fed .R.App.P. 43(c)(1)
* The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
We have considered Trottier's remaining contentions and conclude that they lack merit