Unpublished Disposition, 848 F.2d 198 (9th Cir. 1988)

No. 87-5682.

United States Court of Appeals, Ninth Circuit.

Before GOODWIN and CYNTHIA HOLCOMB HALL, Circuit Judges, and OWEN M. PANNER,^**  District Judge.

Hurvitz appeals from the decision of the district court affirming the final decision of the Secretary to exclude him from being reimbursed by Medicare for the surgeries he performs. Hurvitz argues there is insufficient evidence to support the Secretary's decision and raises numerous other claims. We affirm.

The Secretary excluded Hurvitz from future reimbursement for his services because he had performed surgeries that were substantially in excess of his patients' needs. 42 U.S.C. § 1395y(d) (1) (C), (d) (2) (1982). We review this decision of the Secretary for substantial evidence. 42 U.S.C. §§ 1395y(d) (3), 405(g) (1982). We must affirm if there is relevant evidence that a reasonable mind might accept as adequate to support a conclusion, even if it is possible to draw two different conclusions from the evidence. St. Elizabeth Community Hospital v. Heckler, 745 F.2d 587, 592 (9th Cir. 1984).

Hurvitz primarily argues that the ALJ improperly weighed conflicting evidence. However, both the ALJ and the Appeals Council found the Government's witnesses more credible. Determining questions of credibility and resolving conflicts in the evidence are functions solely of the Secretary. Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir. 1982). After carefully reviewing the record, we hold there is substantial evidence to support the decision of the Secretary.

Hurvitz's other claims are meritless.

AFFIRMED.