Hamilton

Hamilton v. Barnhart

Good Law
158 F. App'x 68
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 04-36097California562 words

Opinion

Lead Opinion

MEMORANDUM

Dallas Hamilton appeals the district court’s decision upholding the determination of the administrative law judge (“ALJ”) that Hamilton was not entitled to disability insurance benefits under the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Our review must consider whether the ALJ’s finding was supported by substantial evidence and was free of legal error. Batson v. Comm’r of the Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). Hamilton claims he is disabled due to a gunshot wound to the head. He has organic brain syndrome and dementia, a history of anxiety and depression, possible bipolar disorder and a history of polysubstance abuse. Hamilton argues the ALJ erred in refusing to fully credit the opinions of his treat *70 ing psychiatrist, finding Hamilton less than fully credible, and assessing Hamilton’s residual functional capacity (“RFC”) without sufficiently accounting for Hamilton’s concentration deficit and side effects of his medication.

The ALJ rejected in part the opinions of Hamilton’s treating psychiatrist because they were not based on medically acceptable clinical or laboratory diagnostic techniques, and because…

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