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MacIntyre v. Colvin, CV 14-2660 JCG. (2014)

Court: District Court, C.D. California Number: infdco20141124744 Visitors: 15
Filed: Nov. 21, 2014
Latest Update: Nov. 21, 2014
Summary: MEMORANDUM OPINION AND ORDER JAY C. GANDHI, Magistrate Judge. Jacqueline MacIntyre ("Plaintiff") challenges the Social Security Commissioner's decision denying her application for disability benefits. In particular, Plaintiff argues that the Administrative Law Judge ("ALJ") improperly rejected her credibility. ( See Joint Stip. at 3-8.) The Court addresses, and rejects, Plaintiff's contention below. A. The ALJ Properly Rejected Plaintiff's Credibility An ALJ can reject a claimant's subjec
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MEMORANDUM OPINION AND ORDER

JAY C. GANDHI, Magistrate Judge.

Jacqueline MacIntyre ("Plaintiff") challenges the Social Security Commissioner's decision denying her application for disability benefits. In particular, Plaintiff argues that the Administrative Law Judge ("ALJ") improperly rejected her credibility. (See Joint Stip. at 3-8.) The Court addresses, and rejects, Plaintiff's contention below.

A. The ALJ Properly Rejected Plaintiff's Credibility

An ALJ can reject a claimant's subjective complaints by expressing clear and convincing reasons for doing so. Benton ex rel. Benton v. Barnhart, 331 F.3d 1030, 1040 (9th Cir. 2003). "General findings are insufficient; rather, the ALJ must identify what testimony is not credible and what evidence undermines the claimant's complaints." Lester v. Chater, 81 F.3d 821, 834 (9th Cir. 1995) (citations omitted).

Here, the ALJ properly discounted Plaintiff's credibility for the following three reasons.

First, the ALJ found that the objective evidence does not support Plaintiff's alleged degree of disability. (Administrative Record ("AR") at 14.) Plaintiff cannot identify any medical evidence that supports her claim of disability, and a review of the record shows that no physician suggested limitations more restrictive than those imposed by the ALJ. (See generally id.) To the contrary, treatment notes from April 2010 indicate that Plaintiff had normal range of motion in the spine, negative straight leg raising tests, and no tenderness to palpation. (Id. at 228.) Plaintiff reported that she was active, and her general functioning was not affected. (Id. at 228-29.) Similarly, records from November 2010 show that Plaintiff had good range of motion in her low back, and her extremities were normal, with no edema or deformities. (Id. at 222.) Finally, in March 2011, Plaintiff's treating physician found that her "complaints of pain and dysfunction [we]re discordant with physical findings," and there was "no evidence of disability at th[at] evaluation." (Id. at 320.) While a lack of objective evidence cannot be the sole reason for rejecting Plaintiff's testimony, it can be one of several factors used in evaluating her credibility. Rollins v. Massanari, 261 F.3d 853, 857 (9th Cir. 2001).

Second, the ALJ found that Plaintiff is not credible because her "subjective complaints and alleged limitations are not consistent with the treatment she receives." (See AR at 26); Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 1989) (conservative treatment can discount the severity of symptoms). Indeed, Plaintiff treats her symptoms with Ibuprofen, has "routine medication follow-up visits," and never participated in physical therapy. (AR at 26, 212-51, 273-348.) Further, Plaintiff failed to follow her treating doctor's advice to lose weight, exercise more, and stop smoking. (Id. at 26, 319); Fair, 885 F.2d at 603 (failure to follow prescribed course of treatment casts doubt on sincerity of claimant's pain testimony). Moreover, Plaintiff neither sought nor received any medical treatment since May 2011. (See generally id.); Smolen v. Chater, 80 F.3d 1273, 1284 (9th Cir. 1996) (in evaluating credibility, ALJ may consider any "inadequately explained failure to seek treatment").

Third, the ALJ noted that Plaintiff's daily activities "are not consistent with the extreme limitations she alleges." (AR at 27); see Molina v. Astrue, 674 F.3d 1104, 1113 (9th Cir. 2012) (An "ALJ may discredit a claimant's testimony when the claimant reports participation in everyday activities indicating capacities that are transferable to a work setting. . . . Even where those activities suggest some difficulty functioning, they may be grounds for discrediting the claimant's testimony to the extent that they contradict claims of a totally debilitating impairment.") (citations omitted).

In this case, Plaintiff testified that she is able to cook, clean the house, do laundry, watch her grandchildren, and carry a bag of groceries or a load of laundry. (AR at 27, 174-75.) Further, Plaintiff is capable of bathing and dressing herself, leaving the house to shop, and she spends a lot of time reading. (Id. at 43.) At least some of these activities are transferable to a job setting. Moreover, they undermine Plaintiff's allegation of total disability.

Thus, the ALJ properly discounted Plaintiff's credibility.

Based on the foregoing, IT IS ORDERED THAT judgment shall be entered AFFIRMING the decision of the Commissioner denying benefits.

Source:  Leagle

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