Markham

Markham v. Barnhart

Good Law
28 F. App'x 722
United States Court of Appeals for the Ninth CircuitJanuary 25, 2002No. 01-35457; D.C. No. CV-00-05371-JKACalifornia389 words

Opinion

Lead Opinion

MEMORANDUM ****

Steven Markham appeals the district court’s judgment affirming the Commissioner of Social Security’s (“Commissioner”) denial of his application for disability insurance benefits under Title II of the Social Security Act. Claimant alleg *724 es an inability to work beginning June 13, 1994 due to multiple fractures, injuries to his back and spine, arthritis, tendinitis and a mental impairment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s order upholding the Commissioner’s denial of social security benefits. See Flaten v. Sec’y of Health & Human Servs., 44 F.3d 1453, 1457 (9th Cir.1995). The Commissioner’s decision must be upheld if it is supported by substantial evidence and free of legal error. Id. We affirm.

The ALJ provided specific and cogent reasons for rejecting claimant’s subjective complaints of symptoms because claimant’s own testimony and objective medical reports undermined his credibility. See id. at 1464 .

The ALJ properly discredited part of treating physician Dr. Mysliwiec’s assessment of claimant’s condition because it lacked objective clinical findings, conflicted with the reports of examining…

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