Cindy Miner v. Carolyn Colvin

Good Law
609 F. App'x 454
United States Court of Appeals for the Ninth CircuitJuly 2, 201513-15790California433 words

Opinion

Opinion

MEMORANDUM

Cindy Marie Miner 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 gave “specific, clear and convincing reasons for rejecting [Miner’s] testimony regarding the severity of [her] symptoms,” see Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1102 (9th Cir.2014) (internal quotation marks omitted), and these reasons were supported by substantial evidence. In making an adverse credibility determination, the ALJ properly relied on: (1) the lack of objective medical evidence supporting Miner’s alleged level of pain, see Burch v. Barnhart, 400 F.3d 676, 680-81 (9th Cir.2005); (2) examining physician Dr. Vesali’s conclusions that the physical examination of Miner did not support her subjective complaints of neck pain, back pain, and knee pain, and that Miner did not have significant functional limitations; and (3) the inconsistency between Miner’s allegations that her impairments were disabling and her conservative treatment and her testimony regarding daily activities, see Molina v. Astrue, 674 F.3d 1104, 1113 (9th Cir.2012); Parra v. Astrue,…

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