Debra Hadnot v. Michael Astrue

MEMORANDUM

This case is before us to review a summary judgment in favor of the Commissioner and the denial of claimant’s motion for summary judgment and alternative motion to remand. The summary judgment and denial thereof are reviewed de novo, and the decision not to remand is reviewed for an abuse of discretion. Harman v. Apfel, 211 F.3d 1172, 1174 (9th Cir.2000). Claimant raises four issues.

1. The claimant has not demonstrated that the administrative law judge (ALJ) erred in not developing the record regarding claimant’s dermatological condition. The proof asserted by claimant is a statement by the ALJ that he is “at a loss” to deal with the phrase “to avoid” pressure. In fact, the ALJ’s residual functional capacity determination was consistent with Dr. Lapins’ opinion and incorporated Dr. Lapins’ opinion that claimant should avoid excessive pressure. Thus, the restriction of avoidance of “excessive pressure” was considered by the ALJ in his residual functional capacity determination.

2. The ALJ did not err by rejecting the opinions of certain treating and examining medical professionals. We have carefully reviewed the contentions of claimant concerning the medical…