Rachell Saenz v. Michael Astrue

MEMORANDUM

Rachell N. Saenz appeals the district court’s judgment entry of summary judgment in favor of the Commissioner. We review de novo the district court’s grant of summary judgment. Moneada v. Chater, 60 F.3d 521 , 523 (9th Cir.1995) (per curiam). We affirm if substantial evidence supports the ALJ’s findings and the ALJ applied the correct legal standards. Id.

We conclude the ALJ properly discounted the opinion of Saenz’s primary care physician, Dr. Fordham, because the ALJ provided “specific and legitimate reasons supported by substantial evidence in the record.” Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995) (internal quotation marks omitted). The ALJ noted Dr. Fordham’s own treating notes reported Saenz’s Langerhans cell histiocytosis (LCH) was stable, and therefore did not support Dr. Fordham’s conclusion that Saenz could not work. The ALJ properly credited the opinion of an examining pulmonary specialist as to the effects of Saenz’s pulmonary disorder over that of Dr. Fordham, who is not a pulmonary specialist. See 20 C.F.R. § 416.927 (d)(5). In addition, two other doctors concluded Saenz’s medical records did not show residual effects from her LCH. We conclude…