Daly
Daly v. Bisignano
Opinion
Opinion
facts and discounting others, but this does not undermine the ALJ’s determinations
because “where evidence is susceptible to more than one rational interpretation, the
ALJ’s decision should be upheld.” Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.
2007) (internal quotation omitted).
Nor did the ALJ improperly demand objective medical evidence to
substantiate Daly’s symptom testimony. The ALJ’s opinion reflected his correct
understanding that fibromyalgia can present “without objective correlation.” It was
permissible for the ALJ to note that Daly lacked objective medical evidence to
support many of her claims, because he offered additional legitimate reasons for
discounting her symptom testimony and did not rely on the lack of substantiating
objective evidence alone. See SSR 16-3P, 2017 WL 5180304 at *5 (Oct. 25, 2017);
Smartt v. Kijakazi, 53 F.4th 489, 498 (9th Cir. 2022).
2. Daly has forfeited the argument that her fibromyalgia in combination
with other impairments equals a listed impairment by failing to adequately raise it
before the district court. To show error in an ALJ’s Step Three finding, a claimant
bears the burden to “specify which listing she believes…