Randall Heide v. Commissioner Social Security A

MEMORANDUM

Randall Heide alleges disability based on hepatitis, chemical sensitivity, depression, anxiety, degenerative disk disease, status-post bilateral knee surgeries, soma-toform disorder, and a shoulder injury. Heide appeared at a hearing before the ALJ on February 9, 2006 and was denied benefits. He appeals the district court’s affirmation of the AL J’s decision.

The ALJ found Heide’s pain testimony not credible. The ALJ can only do so if he makes specific findings stating clear and convincing reasons for doing so. Lingenfetter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007). The ALJ first permissibly looked to the lack of medical evidence as a factor in his credibility analysis. Burch v. Barnhart, 400 F.3d 676, 681 (9th Cir.2005) (quotation marks and citation omitted). The ALJ also appropriately cited Heide’s history of exaggeration and his daily activities.

An ALJ properly rejects the opinion of a treating or examining doctor if it is contradicted by another doctor’s opinion by providing specific and legitimate reasons that are supported by substantial evidence. Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir.2005). The ALJ did not address Dr. Garner’s letter —…