Tonya Freeman v. Carolyn Colvin

MEMORANDUM

Tonya Freeman appeals the district court’s order affirming the Administrative Law Judge’s (ALJ’s) denial of benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The ALJ did not err in rejecting Dr. Regazzi’s opinion. Dr. Regazzi’s opinion was in conflict with other evidence in the record, including Dr. Canty’s and Dr. Seid-enfeld’s opinions; therefore the “specific and legitimate reason” standard of review applies. See Widmark v. Barnhart, 454 F.3d 1063 , 1066-67 & n.2 (9th Cir. 2006). The ALJ provided specific and legitimate reasons that are supported by substantial evidence for rejecting Dr. Regazzi’s opinion, - such as evidence that Freeman had malingered and the inconsistencies between Dr. Regazzi’s findings and Freeman’s application for benefits and testimony. See Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2006).

To the extent the ALJ erred in her initial disability analysis, any error was harmless because the ALJ found Freeman to be disabled “without separating out the impact” of her drug use, Bustamante v. Massanari, 262 F.3d 949, 956 (9th Cir. 2001). See Parra v. Astrue, 481 F.3d 742, 747 (9th Cir. 2007). The ALJ’s subsequent…