Oltmanns

Oltmanns v. Commissioner of Social Security Administration

Good Law
61 F. App'x 360
United States Court of Appeals for the Ninth CircuitMarch 28, 2003No. 01-36001; D.C. No. CV-00-01358-HUCalifornia403 words

Opinion

Lead Opinion

MEMORANDUM **

We affirm the judgment of the district court. Substantial evidence supports the administrative law judge’s determination that Oltmanns is not disabled because she retains the capacity to make an adjustment to work which exists in significant numbers in the national economy.

Although a treating physician’s opinion may be rejected only for clear and convincing reasons, or, if contradicted by another physician, for specific and legitimate reasons supported by substantial evidence, see Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995), here Dr. Pribnow’s generalized statement that he would support disability retirement for Oltmanns is not a medical *361 opinion that the ALJ had to address specifically. In addition, the variations between the limitations adopted by the ALJ and those imposed by Dr. Pribnow are insubstantial and do not constitute error.

The ALJ did not err in evaluating Oltmanns’ residual functioning capacity. Her opinion makes clear that she properly evaluated Oltmanns’ limitations based on the functions described in 20 C.F.R. § 404.1545 (b)-(d). She also took into account Oltmanns’ non-severe impairments as reflected in the medical records when…

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