Trout

Trout v. Halter

Good Law
5 F. App'x 740
United States Court of Appeals for the Ninth CircuitMarch 12, 2001No. 99-36117; D.C. No. CV-98-06351-KICalifornia545 words

Opinion

Lead Opinion

*741 MEMORANDUM ***

Disability claimant Kimbra Trout appeals the Commissioner’s determination, which the district court affirmed, that she was not disabled during the relevant period. Because the decision is supported by substantial evidence and is free of legal error, we affirm.

A. Symptom Testimony

Claimant first argues that the Administrative Law Judge (ALJ), whose decision the Commissioner and district court affirmed, improperly rejected her testimony about the severity of her symptoms. Her argument is unavailing for two reasons.

First, no matter how genuine Claimant’s complaints were, she cannot prove the existence of an impairment by symptom testimony alone. S.S.R. 96-4p; 1996 WL 374187 , at *l-*2 (S.S.R.). Second, the ALJ’s finding that Claimant’s testimony of disabling dizziness was not credible is supported by clear and convincing reasons in the record. The ALJ relied on (1) Claimant’s ability to ride horses and compete in barrel-racing competitions at rodeos; (2). her ability to perform household chores, drive, attend college regularly, and work as a respiratory therapist part-time; (3) her inconsistent statements about the reasons why that employment ended; and (4)…

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