Tammy Wallis v. Carolyn W. Colvin

Good Law
608 F. App'x 489
United States Court of Appeals for the Ninth CircuitJune 24, 201513-35777California761 words

Opinion

Opinion

MEMORANDUM

Tammy S. Wallis 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.

1. Wallis argues that the ALJ erred by not crediting her testimony regarding her mental and physical limitations. Once a claimant produces objective medical evidence of an impairment and shows that the impairment could reasonably be expected to produce some degree of symptoms, “the ALJ can reject the claimant’s testimony about the severity of her symptoms only by offering specific, clear and convincing reasons for doing so.” Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir.1996). Here, the ALJ did offer clear and convincing evidence for rejecting Wallis’s testimony. Specifically, the ALJ cited Wallis’ drug-seeking behavior, her inconsistent statements about her psychotic symptoms, and her manipulative behavior. See Edlund v. Massanari, 253 F.3d 1152, 1157 (9th Cir.2001) (suggesting that drug-seeking behavior undermines a claimant’s credibility); Verduzco v. Apfel, 188 F.3d 1087, 1090 (9th Cir.1999) (stating that a claimant’s inconsistent statements can constitute “clear and convincing…

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