Rowland

Rowland v. Commissioner of Social Security

Good Law
137 F. App'x 970
United States Court of Appeals for the Ninth CircuitJune 29, 2005No. 03-35968California433 words

Opinion

Lead Opinion

MEMORANDUM **

Ralph Rowland’s estate appeals the district court’s decision affirming the denial of Rowland’s application for social security disability benefits. On de novo review, we affirm. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999).

Rowland’s estate first alleges that the Administrative Law Judge erred in rejecting the opinion of Dr. Sinclair, Rowland’s treating physician. We are unpersuaded by the argument. The ALJ provided sufficiently specific and legitimate reasons for rejecting Dr. Sinclair’s contradicted opinion and finding that Rowland did not meet the 5.05(F)(3) listing requirements. See Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995), as amended April 9, 1996. Dr. Profant found Rowland’s liver tests and prothrombin time inconsistent with the 5.05(F)(3) listing requirements. Dr. Pasadi agreed with Dr. Profant’s assessment. The objective evidence in the record does not show the “repeated abnormalities of prothrombin time and enzymes indicative of hepatic dysfunction” required to meet the listings criteria. 20 C.F.R. § 404 , subpt. P, app.l, pt. A, 5.05(F)(3). The ALJ was entitled to rely on the reports of Dr. Profant and Dr. Pasadi in conjunction with the…

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