Karen Joly v. Michael Astrue

MEMORANDUM

Karen Joly (“Joly”) appeals the district court’s decision affirming the Commissioner of Social Security’s denial of disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. § 401 et seq. and § 1381 et seq. We affirm.

Joly raises three issues on appeal: (1) whether the ALJ erred in discrediting Joly’s testimony; (2) whether the ALJ erred in rejecting the opinion of Dr. Rung, a treating physician; and (3) whether the ALJ erred in rejecting the opinion of nurse practitioner Greene. Joly has failed to establish any errors with respect to issues (1) and (3). She did correctly note an error in the ALJ’s evaluation of Dr. Rung’s testimony but the ALJ nevertheless properly discounted the testimony.

1. Claimant’s Testimony About the Severity of Her Symptoms Was Not Credible

The ALJ evaluated Joly’s testimony about her symptoms under the proper legal standard and gave a number of reasons for determining that it was not credible. First, the ALJ discussed the objective medical findings and concluded that such findings, along with claimant’s continued employment, were inconsistent with claimant’s testimony. Second, the ALJ noted that claimant’s…