Primus

Primus v. Massanari

Good Law
55 F. App'x 810
United States Court of Appeals for the Ninth CircuitJanuary 9, 2003No. 01-16474; D.C. No. CV-96-02982-MMCCalifornia508 words

Opinion

Lead Opinion

MEMORANDUM **

Donald D. Primus (“Primus”) appeals the denial of his application for supplemental social security income benefits. Primus suffered an on-the-job injury on December 14, 1989, while employed with the United States Postal Service, and sought treatment for his ailments from psychologist Nathan Hare, Ph.D. In a report dated February 19, 1995, Dr. Hare found that Primus suffered from anxiety-related disorders, and post-traumatic stress. Dr. Hare’s report also found Primus exhibited marked restrictions in daily hving activities and social functioning. Other mental *811 health care professionals agreed that Pri-mus suffered from post-traumatic stress and affective disorders. The ALJ’s decision denying Primus’s application, however, questioned Dr. Hare’s analysis and course of treatment.

The Social Security Regulations distinguish between treating and examining physicians, according the medical opinion of a treating physician “controlling weight” if “supported by medically acceptable diagnostic techniques and ... not inconsistent with other substantial evidence in the record .... ” Holohan v. Massanari, 246 F.3d 1195, 1202 (9th Cir.2001); Aukland v. Massanari, 257 F.3d…

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