Fernandez

Fernandez v. Massanari

Good Law
12 F. App'x 620
United States Court of Appeals for the Ninth CircuitJune 28, 2001No. 99-16761; D.C. No. CV-98-01890-WBSCalifornia442 words

Opinion

Lead Opinion

MEMORANDUM **

Clemente Fernandez appeals the January 1997 denial of his application for supplemental security income (SSI) benefits. After his application was denied, Fernandez reapplied and was granted SSI benefits in October 1998. Fernandez appeals the 1997 denial of benefits. We affirm.

Fernandez first claims that the Administrative Law Judge (ALJ) did not properly credit the testimony of his treating physicians regarding his depression. Neither the ALJ nor the District Court, however, disputed the finding that Fernandez suffered from depression. The ALJ rejected only one doctor’s opinion that Fernandez “was eligible for Social Security Disability” because it was inconsistent with the doctor’s finding that Fernandez’s condition could be controlled by medication. A physician’s opinion about whether a person should receive disability benefits is not a medical opinion. 20 C.F.R. § 404.1527 (e)(1). Therefore, the ALJ did not err in disregarding the statement. Moreover, the ALJ properly found that an impairment that can reasonably be controlled by medication cannot serve as a basis for finding a disability. Odle v. Heckler, 707 F.2d 439, 440 (9th Cir.1983).

Fernandez’s claim that…

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