Nerman v. Commissioner of Social Security Administration

Good Law
359 F. App'x 886
United States Court of Appeals for the Ninth CircuitDecember 22, 200908-35986California370 words

Opinion

Opinion

MEMORANDUM

The parties do not dispute that Ms. Ner-man suffers from Temporomandibular Joint Syndrome, migraines, tinnitus, herniated cervical disks, and other conditions. The two narrow questions presented for review are whether the Administrative Law Judge improperly discounted Ms. Nerman’s testimony, and whether the ALJ improperly discounted the testimony of her friend, Lawrence Gilbert. The ALJ’s determinations were supported by substantial evidence and free of legal error. We affirm.

After a review of all relevant medical information, the ALJ determined that based on Nerman’s residual functional capacity, she could perform work that exists in significant numbers in the national economy. He concluded that Nerman was not disabled.

Ms. Nerman first argues that the ALJ’s discrediting of her subjective symptom testimony was legal error. An ALJ may not reject a claimant’s “statements about the intensity and persistence of [her] pain or other symptoms or about the effect [her] symptoms have on [her] ability to work solely because the available objective medical evidence does not substantiate [her] statements.” 20 C.F.R. Section 404.1529(c)(2). An ALJ may, however, consider medical…

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