Yarbrough

Yarbrough v. Massanari

Good Law
22 F. App'x 751
United States Court of Appeals for the Ninth CircuitNovember 6, 2001No. 00-35533; D.C. No. CV-99-01610-KICalifornia334 words

Opinion

Lead Opinion

MEMORANDUM

Terry Yarbrough appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of his applications for Social Security disability insurance benefits and Supplemental Security Income disability benefits under Titles II and VXI of the Social Security Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The ALJ found that Yarbrough was not disabled, and was not entitled to benefits, because he could perform available sedentary work. The ALJ properly rejected Yarbrough’s testimony that excess pain rendered him unable to perform sedentary work. The ALJ offered specific, clear and convincing reasons why he found Yarbrough’s testimony regarding the extent of his pain to be incredible. See Smolen v. Chater, 80 F.3d 1273, 1282 (9th Cir.1996). The ALJ also properly rejected the testimony of Yarbrough’s wife and friend regarding the extent of Yarbrough’s pain because it was exaggerated and conflicted with available medical evidence. See Dodrill v. Shalala, 12 F.3d 915, 919 (9th Cir.1993).

The ALJ also properly rejected the opinion of Dr. Scoltock, Yarbrough’s treating physician, that Yarbrough could not perform sedentary work.…

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