Jenny Hoyt v. Carolyn W. Colvin

Good Law
607 F. App'x 692
United States Court of Appeals for the Ninth CircuitJune 5, 201513-35682California329 words

Opinion

Opinion

MEMORANDUM

Jenny M. Hoyt appeals from the district court’s order affirming the Administrative Law Judge’s (“ALJ”) denial of benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The ALJ did not err in discounting the opinion of treating physician Dr. Mabee, as she gave “specific, legitimate reasons for doing so that are based on substantial evidence in the record.” Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 600 (9th Cir.1999) (quoting Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995)). Specifically, Dr. Mabee’s opinions were based on check-box forms, and they were predicated on the self-reporting of Hoyt, who the ALJ determined was not credible. See Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir.2012) (“[T]he ALJ may ‘permissibly reject[ ] ... check-off reports that [do] not contain any explanation of the bases of their conclusions.’ ” (internal citation omitted)); Morgan, 169 F.3d at 602 (“A physician’s opinion of disability premised to a large extent upon the claimant’s own accounts of his symptoms and limitations may be disregarded where those complaints have been properly discounted.” (internal quotation marks omitted)).

Further, the ALJ’s…

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