Gallardo

Gallardo v. Barnhart

Good Law
123 F. App'x 289
United States Court of Appeals for the Ninth CircuitFebruary 16, 2005No. 03-16540; D.C. No. CV-02-06021-SMSCalifornia399 words

Opinion

Lead Opinion

*291 MEMORANDUM **

Gallardo appeals from the magistrate judge’s decision affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits. He contends the Administrative Law Judge (ALJ) improperly discredited his allegations of pain and physical impairment because the ALJ failed to cite specific, clear and convincing reasons in support of his determination. See Dodrill v. Shalala, 12 F.3d 915, 918 (9th Cir.1993). However, the ALJ’s detailed juxtaposition of Gallardo’s allegations with the findings of Dr. Madireddi and Dr. Bianchi clearly and specifically revealed significant discrepancies. Although the ALJ did not nearly summarize these discrepancies after making the credibility determination, the discussion was sufficiently specific to indicate that it is supported by substantial evidence. See Magallanes v. Bowen, 881 F.2d 747, 755 (9th Cir.1989). In addition, the ALJ pointed out that Gallardo was currently being treated only by a chiropractor, notwithstanding that he had told Dr. Madireddi that the chiropractic treatments provided no benefit. See Johnson v. Shalala, 60 F.3d 1428, 1434 (9th Cir. 1995).

Gallardo also argues that the ALJ…

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