Cssa

Bason v. Commissioner of Social Security Administration

Good Law
475 F. App'x 217
United States Court of Appeals for the Ninth CircuitAugust 1, 201211-35218California767 words

Opinion

Opinion

MEMORANDUM

The Commissioner of Social Security decided that Jane Bason (“Mrs.Bason”) was not disabled for purposes of eligibility for disability benefits. Mrs. Bason timely appealed the district court’s order upholding the Commissioner’s decision. We affirm.

Mrs. Bason’s application for disability benefits was denied by the Administrative Law Judge (“ALJ”) on October 15, 2008. The ALJ determined that Mrs. Bason could perform her past relevant work as a general clerk, office helper, receptionist, and data entry clerk. Furthermore, the ALJ found that Mrs. Bason’s statements concerning the intensity, persistence, and limiting effects of her symptoms were not credible to the extent that they were inconsistent with her residual functional capacity assessment. In addition, the ALJ rejected the opinion of Dr. Ladd, Mrs. Bason’s treating physician, in favor of objective and testimonial evidence that showed Mrs. Bason’s physical ability was greater than she alleged. Accordingly, the ALJ concluded that Mrs. Bason failed to establish that she was disabled.

First, the ALJ did not err in finding that Mrs. Bason’s depression was non-severe. An ALJ must defer to the treating doctor’s opinion,…

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