Gerald Cassel, Jr. v. Nancy Berryhill

Good Law
706 F. App'x 430
United States Court of Appeals for the Ninth CircuitDecember 15, 201716-35851California654 words

Opinion

Opinion

MEMORANDUM

Gerald Cassel appeals the district court’s decision affirming the Commissioner of Social Security’s denial of Cassel’s application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Brown-Hunter v. Colvin, 806 F.3d 487, 492 (9th Cir. 2015), and we affirm.

The Administrative Law Judge (ALJ) provided clear and convincing reasons to discredit Cassel’s testimony. Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir. 2009). First, the ALJ properly discredited Cas-sel’s testimony based on inconsistencies between the objective medical evidence in the record examined in its entirety and the alleged severity and frequency of his symptoms. See Molina v. Astrue, 674 F.3d 1104, 1113 (9th Cir. 2012); Garrison v. Colvin, 759 F.3d 995, 1017-18 (9th Cir. 2014) (requiring the ALJ to consider the whole medical record and not just isolated signs of improvement). Assuming that Social Security Ruling 16-3p applies retroactively, the ALJ properly evaluated the consistency of Cassel’s symptom testimony with other evidence. See Trevizo v. Berryhill, 871 F.3d 664 , 678 n.5 (9th Cir. 2017) (concluding that SSR…

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