Kimberly Tucker v. Kilolo Kijakazi

Good Law
United States Court of Appeals for the Ninth CircuitMarch 7, 202220-36063California383 words

Opinion

Opinion

facts and conflicting clinical evidence, stating [her] interpretation thereof, and

making findings[,]” the ALJ met the applicable burden of providing specific and

legitimate reasons based on substantial evidence in the record. Id. at 753 (quoting

Cotton v. Bowen, 799 F.2d 1403, 1408 (9th Cir. 1986))

Because the ALJ rejected portions of Appellant’s testimony, the ALJ was

required to offer “specific, clear and convincing reasons for doing so.” Trevizo

v. Berryhill, 871 F.3d 664, 678 (9th Cir. 2017) (quoting Garrison v. Colvin, 759

F.3d 995, 1014–15 (9th Cir. 2014)). In making a credibility determination, ALJs

may “consider inconsistencies either in the claimant’s testimony or between the

3 testimony and the claimant’s conduct, . . . and whether the claimant engages in

daily activities inconsistent with the alleged symptoms.” Molina v. Astrue, 674

F.3d 1104, 1112 (9th Cir. 2012) (internal quotation marks omitted), superseded on

other grounds by 20 C.F.R. § 404.1502(a); see also Bray v. Comm’r of Soc. Sec.

Admin., 554 F.3d 1219, 1227 (9th Cir. 2009) (holding ALJ properly discounted the

claimant’s testimony based on inconsistencies in the testimony, claimant’s…

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