Ashley Clevenger v. Carolyn W. Colvin

Good Law
582 F. App'x 709
United States Court of Appeals for the Ninth CircuitJuly 3, 201413-35774California371 words

Opinion

Opinion

MEMORANDUM

Ashley M. Clevenger appeals the district court’s judgment affirming the Commissioner of Social Security’s decision denying Clevenger’s application for Disability Insurance Income and Supplemental Security Income under Titles II and XVI of the Social Security Act. Clevenger contends that the Administrative Law judge (“ALJ”) failed to set forth specific and legitimate reasons for rejecting the opinion of her treating psychologist, Dr. John Arnold. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s decision de novo. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). We may set aside the denial of benefits only if it is not supported by substantial evidence or is based on legal error. Id.

A treating physician’s opinion is entitled to substantial weight in social security proceedings. Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1228 (9th Cir. 2009). “When presented with conflicting medical opinions, the ALJ must determine credibility and resolve the conflict.” Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir.2004). If an ALJ rejects a treating physician’s opinion that is contradicted by another doctor,…

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