Betty J. DODRILL, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellee

Bad Law
12 F.3d 915·1993 WL 532748
United States Court of Appeals for the Ninth CircuitDecember 28, 199392-35445California1,825 words

Opinion

Opinion

Kozinski, J.

Dodrill appeals from a denial of disability insurance benefits under Title II of the Social Security Act. The administrative law judge upheld the Secretary of Health and Human Services’ finding that Dodrill was not disabled; a timely request for review was declined by the Appeals Council. Dodrill appealed this final administrative ruling to the district court pursuant to - 42 U.S.C. § 405 (g), and we review that court’s grant of summary judgment to the Secretary. •

Claims of disability are evaluated under the five-step procedure of 20 C.F.R. §§ 404 .-1520 et seq., 416.920 et seq. (1986). This case was resolved at step four where the Secretary must determine whether the claimant retains sufficient residual capacity to perform her past work. If the Secretary finds that the claimant does, she is not considered disabled and is not eligible for benefits. We consider whether the Secretary’s finding that Dodrill could perform her past work was supported by substantial evidence and was free of legal error. Fair v. Bowen, 885 F.2d 597, 601 (9th Cir.1989).

I. Subjective Pain Testimony

The ALJ is not required to believe pain testimony and may disregard it if there are no objective medical…

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