Karry Deck v. Carolyn Colvin

MEMORANDUM

■ Karry Deck appeals the district court’s judgment affirming the ALJ’s denial of her application for Social Security disability benefits. The ALJ followed the five-step process and found her not disabled at step five after finding a significant number of jobs existed in the national economy that Deck could still perform, based on a vocational expert’s testimony. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, substantial evidence supports the ALJ’s finding that Deck’s Hepatitis C does not result in any significant vocational limitations, and thus is non-severe, where the ALJ relied upon the only medical evaluator to discuss the effects of the impairment on her ability to perform basic work-related activities — Christine Allison, a physician’s assistant. Cf. Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.1996). Dr. Yu, whose opinion Deck alleges the ALJ erred in omitting, merely diagnosed Deck with Hepatitis C but did not discuss the effect her symptoms would have on her ability to work.

Moreover, Deck could have — but did not — obtain a supplemental report from Dr. Yu opining on what limitations, if any, her Hepatitis C might have imposed on…