Filed: Feb. 13, 2020
Latest Update: Mar. 03, 2020
Summary: FILED NOT FOR PUBLICATION FEB 13 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BLAS VIDAL ROBLES RODRIGUEZ, No. 17-17291 Plaintiff-Appellant, D.C. No. 2:16-cv-01826-JZB v. MEMORANDUM* ANDREW M. SAUL, Commissioner of Social Security, Defendant-Appellee. Appeal from the United States District Court for the District of Arizona John Zachary Boyle, Magistrate Judge, Presiding Submitted February 11, 2020** Before: LEAVY, TROTT, and SILVERMAN, Cir
Summary: FILED NOT FOR PUBLICATION FEB 13 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BLAS VIDAL ROBLES RODRIGUEZ, No. 17-17291 Plaintiff-Appellant, D.C. No. 2:16-cv-01826-JZB v. MEMORANDUM* ANDREW M. SAUL, Commissioner of Social Security, Defendant-Appellee. Appeal from the United States District Court for the District of Arizona John Zachary Boyle, Magistrate Judge, Presiding Submitted February 11, 2020** Before: LEAVY, TROTT, and SILVERMAN, Circ..
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FILED
NOT FOR PUBLICATION
FEB 13 2020
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BLAS VIDAL ROBLES RODRIGUEZ, No. 17-17291
Plaintiff-Appellant, D.C. No. 2:16-cv-01826-JZB
v.
MEMORANDUM*
ANDREW M. SAUL, Commissioner of
Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Arizona
John Zachary Boyle, Magistrate Judge, Presiding
Submitted February 11, 2020**
Before: LEAVY, TROTT, and SILVERMAN, Circuit Judges
Blas Vidal Robles Rodriguez appeals the district court’s order affirming the
Social Security Administration’s denial of disability benefits. We have jurisdiction
pursuant to 28 U.S.C. § 1291. We review the district court order de novo and the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
agency decision for substantial evidence and legal error. Garrison v. Colvin,
759
F.3d 995, 1009-10 (9th Cir. 2014). We affirm.
The ALJ gave specific and legitimate reasons supported by substantial
evidence for giving little weight to the opinion of Patrick Hogan, D.O., that
Rodriguez was greatly restricted and could not work. The ALJ reasonably found
that Dr. Hogan failed to explain why Rodriguez’s condition imposed such extreme
limitations that were inconsistent with the other expert opinions and the record as a
whole. At the time of the opinion, Dr. Hogan had not treated Rodriguez for 15
months, and no contemporaneous treatment notes supported the opinion. In
contrast, Dr. Gomez had thoroughly examined Rodriguez on two occasions,
reviewed the last available treatment notes, and made independent physical
examination findings that were supported by the record as a whole. The ALJ could
reasonably find that Dr. Hogan’s extreme opinion was brief, conclusory,
inadequately supported by treatment notes, and inconsistent with the record as a
whole. Orn v. Astrue,
495 F.3d 624, 631, 634 (9th Cir. 2007); Thomas v.
Barnhart,
278 F.3d 947, 957 (9th Cir. 2002).
Dr. Gomez’s opinions provide substantial evidence to support the ALJ’s
residual functional capacity assessment. Tonapetyan v. Halter,
242 F.3d 1144,
1149 (9th Cir. 2001). The ALJ’s assessment is further supported by the opinions
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of Dr. Whaley and Dr. Griffith, who reviewed the record and partially relied on Dr.
Gomez’s independent physical examination findings to opine that Rodriguez could
perform a limited range of light work.
Thomas, 278 F.3d at 957. The 2014
imaging, alone, does not establish that Dr. Gomez’s physical examination findings
or the reviewing opinions are no longer supported by the record.
AFFIRMED.
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