McCulley

McCulley v. Barnhart

Good Law
138 F. App'x 36
United States Court of Appeals for the Ninth CircuitJune 17, 2005No. 04-35158California579 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Tonni McCulley appeals from the district court’s order affirming the decision of the Commissioner of Social Security to deny her application for disability insurance benefits. We affirm.

1. Substantial evidence supports the finding of the administrative law judge (ALJ) at Step 2 that hepatitis C, headaches, and depression were not severe impairments as of the date last insured, which was June 30, 1988. The ALJ per *38 missibly resolved conflicts in the medical evidence to conclude that Plaintiffs only severe impairments as of that date were obesity and fatty liver. For instance, while Plaintiff said that she experienced headaches before 1988 she did not receive treatment for them until almost a year after her date last insured.

2. Substantial evidence supports the ALJ’s finding that Plaintiffs symptoms were not as severe as she, Dr. Johnson, and two lay witnesses asserted them to be. The ALJ concluded that the testimony exaggerated the symptoms that Plaintiff experienced during 1987 and 1988, mainly because of discrepancies between her memory and the medical records.

The ALJ noted that it would be hard for anyone to remember with certainty one’s…

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