Hamilton v. Commissioner of Social Security Administration

Good Law
368 F. App'x 724
United States Court of Appeals for the Ninth CircuitFebruary 17, 201009-35277California926 words

Opinion

Opinion

MEMORANDUM

George Hamilton appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of Hamilton’s application for disability insurance benefits under Title II of the Social Security Act and for supplemental security income under Title XVI. In his application, Hamilton alleged disability due to back, leg and knee problems; carpal tunnel syndrome; and liver problems. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Hamilton argues that the ALJ did not give sufficient reasons to reject treating physician Dr. Howison’s opinion that Hamilton “is disabled and in no way will be able to be gainfully employed in any endeavor in the near future.” See Reddick v. Chater, 157 F.3d 715, 725 (9th Cir.1998) (stating that a treating physician’s contradicted opinion may be rejected only for “specific and legitimate reasons”). Hamilton is mistaken. The ALJ reviewed Dr. Howison’s opinion, cited its findings concerning the straight-leg-raising test and Hamilton’s pain response, and accounted for Dr. Howison’s medically supported assessments of. degenerative disc disease, spinal stenosis, and hepatitis C by concluding that Hamilton was severely impaired…

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