Moses

Moses v. Barnhart

Good Law
33 F. App'x 888
United States Court of Appeals for the Ninth CircuitApril 22, 2002No. 00-16108; D.C. No. CV-99-00893-MJJCalifornia999 words

Opinion

Lead Opinion

MEMORANDUM **

Social Security claimant Patrick Moses appeals the district court’s summary judgment in favor of the Commissioner of the Social Security Administration in his action seeking disability insurance benefits. The Administrative Law Judge (ALJ) determined that Moses was disabled during the period from July 3, 1994 to April 16, 1996, and was therefore entitled only to a closed period of disability and benefits. Moses alleges that the ALJ erred in finding that there was substantial evidence of medical improvement related to his ability to work as of April 16, 1996. The parties’ arguments on appeal center on the ALJ’s analysis of Moses’ pain testimony.

Acknowledging that pain is subjective and not susceptible to measurement by reliable techniques, we have long held that “[o]nee a claimant produces objective medical evidence of an underlying impairment, an [ALJ] may not reject a claimant’s subjective complaints based solely on a lack of objective medical evidence to fully corroborate the alleged severity of pain.” Rollins v. Massanani, 261 F.3d 853, 856 (9th Cir.2001) (quoting Bunnell v. Sullivan, 947 F.2d 341 , 345 (9th Cir.1991) (en banc)) (second alteration in original);…

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