Isako

Isako v. Apfel

Good Law
4 F. App'x 493
United States Court of Appeals for the Ninth CircuitFebruary 22, 2001No. 99-55867; D.C. No. CV-98-04963-ABC(EE)California654 words

Opinion

Lead Opinion

*495 MEMORANDUM **

We affirm the district court’s order granting summary judgment. Because the parties are familiar with the facts, we recite them only as necessary to explain our decision.

The ALJ properly relied on the definition of “non-severe impairment” contained in 20 C.F.R. § 416.921 (a). That standard was specifically approved by the Supreme Court in the very case Isako cites for the proposition that the regulation is invalid. Bowen v. Yuckert, 482 U.S. 137, 139 , 107 S.Ct. 2287 , 96 L.Ed.2d 119 (1987).

Substantial evidence supports the ALJ’s conclusion that Isako does not suffer from a severe impairment or combination of such impairments:

1. Although Isako’s treating physician, Dr. Yamini, opined that Isako is totally disabled, the opinion of a treating physician is not always dispositive. “Where,” as here, “the opinion of the claimant’s treating physician is contradicted, and the opinion of a nontreating source is based on independent clinical findings that differ from those of the treating physician, the opinion of the nontreating source may itself be substantial evidence; it is then solely the province of the ALJ to resolve the conflict.” Andrews v. Shalala, 53…

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