McEniry

McEniry v. Commissioner of the Social Security Administration

Good Law
5 F. App'x 723
United States Court of Appeals for the Ninth CircuitMarch 8, 2001No. 99-36087; D.C. No. CV-99-00068-ALACalifornia418 words

Opinion

Lead Opinion

MEMORANDUM *

Claimant Michael McEniry filed an application for disability benefits for the period between April 15, 1989, and June 30, 1991. An Administrative Law Judge (ALJ) denied the application after a hearing. Claimant sought judicial review in the district court, which affirmed the ALJ’s decision. Claimant appeals. On de novo review, we must determine whether the ALJ applied the correct legal standards and whether the ALJ’s decision was supported by substantial evidence. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999).

We agree with the district court that the ALJ provided “clear and convincing” reasons for discounting Claimant’s testimony about his symptoms. Morgan v. Commissioner of the Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999). Viewed in the light of Dr. Greif s report of her 1989 evaluation of Claimant, the contemporaneous reports of other doctors, and Claimant’s description of his daily activities during the relevant period, Claimant’s testimony at the 1997 hearings was, as the ALJ found, “not entirely credible.”

We also agree with the district court’s conclusion that the ALJ properly gave limited weight to the testimony and affidavits of the lay…

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