Fajardo

Fajardo v. Apfel

Good Law
4 F. App'x 349
United States Court of Appeals for the Ninth CircuitFebruary 12, 2001No. 99-56024; D.C. No. CV-98-01209-WBECalifornia301 words

Opinion

Lead Opinion

MEMORANDUM **

Guadalupe Fajardo appeals the district court’s summary judgment order upholding the denial of her claim for disability insurance benefits and Supplemental Security Income benefits based on disability. We review the judgment of the district court de novo. Fair v. Bowen, 885 F.2d 597, 601 (9th Cir.1989). We must affirm the findings of the Administrative Law Judge (“ALJ”) if they are free from legal error and supported by substantial evidence. Curry v. Sullivan, 925 F.2d 1127, 1129 (9th Cir.1990).

The ALJ provided seventeen specific reasons for finding that Fajardo’s impairments were nonsevere. He relied on the opinions of three separate physicians who concluded that Fajardo retained the capacity to perform work-related activity. Although Fajardo’s treating physician concluded otherwise, “[wjhere the medical testimony is conflicting, ... it is the ALJ’s role to determine credibility and to resolve *350 the conflict. If the evidence admits of more than one rational interpretation, we must uphold the decision of the ALJ.” Allen v. Heckler, 749 F.2d 577, 579 (9th Cir.1984) [citations omitted]. The ALJ also noted Fajardo’s continued ability to attend appointments, to…

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