Hart

Hart v. Massanari

Good Law
20 F. App'x 668
United States Court of Appeals for the Ninth CircuitSeptember 24, 2001No. 99-56472; D.C. No. CV-97-02082 TJH(ANx)California262 words

Opinion

Lead Opinion

MEMORANDUM ****

Multiple medical reports concluded that Hart’s limitations did not preclude her from engaging in light work. These amount to substantial evidence supporting the ALJ’s determination that Hart could perform her past relevant work as a telemarketing supervisor. See Miller v. Heckler, 770 F.2d 845, 848-49 (9th Cir.1985). Nor did the ALJ err in discrediting Hart’s subjective allegations of pain. The ALJ found that Hart’s daily activities and failure to follow her doctor’s advice were inconsistent with her complaints of pain; these were adequate reasons for the ALJ to discredit her testimony. See Fair v. Bowen, 885 F.2d 597, 603-04 (9th Cir. 1989).

Because HALLEX is an internal manual with no legal force, we reject Hart’s contention that the ALJ’s failure to adhere to the procedures therein constitutes denial of a fair hearing. See Moore v. Apfel, 216 F.3d 864, 868-69 (9th Cir. 2000). The record contained substantial medical evidence prior to the introduction of the post-hearing reports, and the ALJ relied on this evidence in making his findings. Because the record was fully and fairly developed even without the additional reports, any error that may have resulted from…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.