Brackett v. Commissioner of Social Security Administration

MEMORANDUM

Claimant James C. Brackett appeals the district court’s order affirming the Commissioner’s denial of his application for social security disability benefits. We affirm because the Commissioner’s decision is free of legal error and supported by substantial evidence. Ukolov v. Barnhart, 420 F.3d 1002, 1004 (9th Cir.2005).

1. The administrative law judge (“ALJ”), whose decision the Commissioner affirmed, gave specific, legitimate reasons for rejecting the opinion of Claimant’s treating physician, Dr. Mulligan. See Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir.2002) (stating standard for rejecting opinion of treating physician). For instance, the ALJ noted that Dr. Mulligan failed to provide sufficient clinical findings to substantiate his conclusory statements of disability on the forms; that Dr. Mulligan prescribed only a conservative treatment plan (exercise and diet), which is inconsistent with a finding of permanent total disability; and that all other examin ing and non-examining physicians disagreed with Dr. Mulligan and concluded that Claimant retained significant functional capacity.

2. The ALJ permissibly discounted Claimant’s subjective pain testimony,…