Sharon Everson v. Carolyn W. Colvin

MEMORANDUM

1. Substantial evidence supports the Administrative Law Judge’s (ALJ) conclusion that Ms. Everson did not have the severe medically determinable physical impairments of fibromyalgia or chronic pain syndrome. See 20 C.F.R. § 404.1520 (a)(4)(ii). None of Everson’s treating or examining physicians definitively diagnosed either condition. Moreover, two of the doctors who suggested Everson might suffer from either condition concluded that she was, in any event, not significantly impaired. Even if the ALJ erred at this stage, any error was harmless. The ALJ explained that he considered Everson’s subjective experience and reports of symptoms related to chronic pain and fibromyalgia in assessing her residual functional capacity.

2. The ALJ’s residual functional capacity determination was supported by substantial evidence. First, the ALJ provided several specific and legitimate reasons for his rejection of the controverted opinions of Drs. Tomski and Havsy, properly “setting out a detailed and thorough summary of the facts and conflicting clinical evidence, stating his interpretation thereof, and making findings.” Cotton v. Bowen, 799 F.2d 1403, 1408 (9th Cir.1986) (per…