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McTaggart v. Commissioner of Social Security Administration

Good Law
480 F. App'x 459
United States Court of Appeals for the Ninth CircuitMay 14, 201211-35215California986 words

Opinion

Opinion

MEMORANDUM

Petitioner Stephanie McTaggart appeals the district court’s order affirming the Commissioner of Social Security’s final decision to deny McTaggart Social Security Disability Insurance and Supplemental Security Income benefits. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. The facts of the case are known to the parties; we repeat them only as necessary.

McTaggart argues that the Administrative Law Judge (ALJ) erred in discounting the diagnoses and observations made by Dr. James Hylton about McTaggart’s psychiatric conditions. Because Dr. Hylton was McTaggart’s treating physician and his opinions were uncontroverted by other medical professionals, the ALJ was required to make findings setting forth clear and convincing reasons for rejecting Dr. Hylton’s testimony based on substantial evidence in the record. Smolen v. Chater, 80 F.3d 1273, 1285 (9th Cir.1996). The ALJ found that Dr. Hylton’s report of McTaggart’s psychological conditions was not supported by the record and that Dr. Hylton appeared to be merely parroting the limitations McTaggart reported to him. See Bayliss v. Barnhart, 427 F.3d 1211, 1216-17 (9th Cir.2005) (ALJ need not accept a medical…

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