Sharon Bencic v. Carolyn W. Colvin

Good Law
601 F. App'x 568
United States Court of Appeals for the Ninth CircuitMay 4, 201513-15295California282 words

Opinion

Opinion

MEMORANDUM

Appellant Sharon Bencic appeals the denial of her claim for disability insurance benefits and supplemental security income. The ALJ concluded that Bencic suffered from two severe impairments, but could perform “light work,” including her previous work as a waitress. On appeal, Bencic argues that the ALJ erred in weighing her physicians’ medical opinions.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. The ALJ did not err in giving more weight to the opinions of non-examining and non-treating physicians over the opinion of treating physician Dr. Hurley. The ALJ gave “specific and legitimate” reasons for giving less weight to Dr. Hurley’s opinion, including that it was inconsistent with the opinion of three spine specialists, and with Dr. Hurley’s own conservative course of treatment. See Lester v. Chater, 81 F.3d 821, 830-31 (9th Cir.1995). These reasons were supported by substantial evidence in the record. See id. Despite Bencic’s arguments to the contrary, the ALJ could rely on the opinions of examining and non-examining physicians to discount Dr. Hurley’s opinion to the extent these opinions were supported by and consistent with the objective medical…

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