Isabelita Joves, Plaintiff-appellant, v. Kenneth S. Apfel, Commissioner of Social Security,** Defendant-appellee.no. 97-16218.d.c. No. Cv-97-00239-sc, 142 F.3d 443 (9th Cir. 1998)
Annotate this CaseAppeal from the United States District Court for the Northern District of California Samuel Conti, District Judge, Presiding.
Before BRUNETTI, RYMER and T.G. NELSON, Circuit Judges.
MEMORANDUM*
Isabelita Joves appeals the district court's order affirming the final decision of the Commissioner of the Social Security Administration denying her application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 423. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, see Jamerson v. Chater, 112 F.3d 1064, 1066 (9th Cir. 1997), and we affirm.
Joves' contention that the ALJ abused its discretion by failing to issue a subpoena to obtain the treatment notes of her treating psychiatrist, and by failing to require the treating psychiatrist to testify, lacks merit because Joves did not request the subpoena in a timely manner. See 20 C.F.R. 404.950(d) (2) (stating that a party must request a subpoena at least five days prior to the hearing). Moreover, the ALJ made every reasonable effort to develop the record pursuant to 20 C.F.R. 404.1512(d). Here, the ALJ continued proceedings for six weeks, had a Social Security Administration employee contact the physician to determine whether the exam notes would be helpful, and then, after refusing to issue a second subpoena, permitted Joves an additional fifteen days to obtain further evidence of her disability.
Joves' contention that her due process rights were violated because she received inadequate notice of her ability to request subpoenas lacks merit because notice is provided in 20 C.F.R. § 404.950(d) (2) (stating that parties may request a subpoena). See Atkins v. Parker, 472 U.S. 115, 130, 105 S. Ct. 2520, 86 L. Ed. 2d 81 (1985) (stating " [a]ll citizens are presumptively charged with knowledge of the law.").
Joves' contention that the ALJ improperly rejected the opinion of her treating psychiatrist lacks merit. The ALJ noted specific and legitimate reasons supported by substantial evidence in the record for rejecting the treating psychiatrist's controverted opinion. See Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir. 1989).
AFFIRMED.
Kenneth S. Apfel was sworn in as Commissioner of the Social Security Administration on September 29, 1997. Therefore, Kenneth S. Apfel is substituted for John J. Callahan, 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. Accordingly, Appellant's request for oral argument is denied. Appellant's uncontested request for judicial notice of the Social Security Administration's Hearings, Appeals and Litigation Law Manual is granted
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
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