Coots

Coots v. Social Security Administration

Good Law
123 F. App'x 279
United States Court of Appeals for the Ninth CircuitJanuary 31, 2005No. 03-35496; D.C. No. CY-02-03031-DCACalifornia330 words

Opinion

Lead Opinion

MEMORANDUM ***

We affirm the district court’s denial of Coots’s application for disability benefits.

There is substantial evidence 1 to support the Administrative Law Judge’s determination that Coots retained the residual functional capacity 2 to perform substantial gainful activity as a parking lot cashier and a surveillance systems monitor. Because there was substantial evidence to support the Administrative Law Judge’s determination that Coots could “make an adjustment to other work,” 3 the Administrative Law Judge did not err in denying Coots disability benefits.

*281 The Administrative Law Judge also did not err in discounting Coots’s subjective testimony. Generally an administrative law judge is required to consider a claimant’s testimony regarding subjective symptoms. 4 In the absence of affirmative malingering, the Administrative Law Judge must give “clear and convincing reasons” for rejecting the claimant’s testimony. 5 He did, including several specific instances where Coots’ conduct supported an inference of malingering. There was substantial evidence for the ALJ’s conclusion.

The Administrative Law Judge gave “specific and legitimate reasons supported by…

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