Barnhart

Oregon v. Barnhart

Good Law
26 F. App'x 691
United States Court of Appeals for the Ninth CircuitJanuary 9, 2002No. 00-35661; D.C. No. CV-98-01641-TCCalifornia512 words

Opinion

Lead Opinion

MEMORANDUM ****

The Commissioner of Social Security determined that Claimant Cheryl Olson was ineligible for Supplemental Security Income benefits. Claimant appealed the finding that she was not disabled, 1 arguing that the Administrative Law Judge (ALJ) committed legal errors and that his conclusions were not supported by substantial evidence in the record as a whole. After Claimant died, the State of Oregon was substituted as the appellant to pursue its potential interest in reimbursement pursuant to 42 U.S.C. § 1383 (g) and 20 C.F.R. § 416.525 . We affirm.

Claimant first argued that the ALJ erred in finding her not credible. *693 We are not persuaded, because the ALJ provided clear and convincing reasons for his adverse credibility finding: inconsistency between claimed conditions and medical evidence; inconsistency between claimed limitations and daily activities; inconsistency between Claimant’s testimony and that of one of her lay witnesses and internal inconsistency between her own statements; absence of pain behavior during the hearing; Claimant’s historic lack of interest in working; and the ALJ’s observation that he “did not consider her demeanor to be believable.” The…

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