McCaffery

McCaffery v. Commissioner of Social Security Administration

Good Law
152 F. App'x 574
United States Court of Appeals for the Ninth CircuitOctober 7, 2005No. 04-35729California518 words

Opinion

Lead Opinion

MEMORANDUM **

Darrell McCaffery appeals the district court’s order affirming the Administrative Law Judge’s denial of disability insurance benefits and supplemental security income payments under the Social Security Act, 42 U.S.C. §§ 401-433 . We affirm. Because the parties are familiar with the facts, we do not recite them in detail.

First, the ALJ did not err in discrediting McCaffery’s testimony. The ALJ provided specific reasons why he found the testimony unpersuasive, see Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 598-99 (9th Cir.1999), and his finding is supported by clear and eonvineing evidence. See Smolen v. Chater, 80 F.3d 1273, 1283-84 (9th Cir.1996). Specifically, the ALJ acknowledged McCaffery’s pain but found the degree of pain alleged not credible. The ALJ properly relied on observations made by doctors regarding the extent of McCaffery’s pain; the fact that McCaffery has never been a surgical candidate and has received only conservative treatment; the fact that McCaffery has displayed drug-seeking behaviors; and notes of doctors indicating McCaffery had an exaggerated pain response.

Second, the ALJ gave appropriate weight to Physician’s Assistant…

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