Hodge

Hodge v. Barnhart

Good Law
76 F. App'x 797
United States Court of Appeals for the Ninth CircuitSeptember 19, 2003No. 02-35481; D.C. No. CV-01-06174-KICalifornia1,163 words

Opinion

Lead Opinion

MEMORANDUM **

Bernice Hodge appeals the district court’s affirmance of the Social Security *799 Commissioner’s denial of her application for social security benefits.

1. Hodge contends that the ALJ erred by improperly rejecting Hodge’s subjective pain testimony. Although the ALJ found much of Hodge’s symptom testimony credible, the ALJ found that Hodge’s testimony was not credible to the extent that Hodge claimed that her symptoms totally disabled her from performing any work.

The rule is well established that “[t]he ALJ is responsible for determining credibility and resolving conflicts in medical testimony and ambiguities.” Lewis v. Apfel, 236 F.3d 503, 509 (9th Cir.2001) (internal citation omitted). The ALJ may not reject a claimant’s statements regarding her limitations merely because they are not supported by objective evidence, nor solely on the basis of the ALJ’s own observations of the claimant at the hearing. Tonapetyan v. Halter, 242 F.3d 1144, 1147-48 (9th Cir.2001). “In assessing the claimant’s credibility, the ALJ may use ordinary techniques of credibility evaluation, such as considering the claimant’s reputation for truthfulness and any inconsistent statements in…

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