Michael Sullivan v. Carolyn W. Colvin

Good Law
588 F. App'x 725
United States Court of Appeals for the Ninth CircuitDecember 23, 201413-35472California512 words

Opinion

Opinion

MEMORANDUM

Michael J. Sullivan appeals the district court’s judgment affirming the Commissioner of Social Security’s (“Commissioner”) denial of his applications for child disability benefits and supplemental security income. Because the parties are familiar with the facts of this case, we do not separately recount them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s order affirming an Administrative Law Judge’s (“ALJ”) denial of social security benefits. Carillo-Yeras v. Astrue, 671 F.3d 731, 734 (9th Cir.2011) (citation omitted). We must uphold the ALJ’s decision if it is supported by substantial evidence and free of legal error. Id. (citation omitted). A decision will not be reversed for errors that are harmless. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005) (citation omitted).

First, the ALJ provided specific, clear and convincing reasons for concluding that Sullivan’s symptom testimony was not fully credible; the medical record, inconsistencies between Sullivan’s testimony and his conduct, and motivation for secondary gain undermined his credibility. See Molina v. Astrue, 674 F.3d 1104, 1112-13 (9th…

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