Isham
Isham v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
John Isham appeals a decision by the district court affirming a determination by the Commissioner of Social Security that Isham was ineligible for disability benefits pursuant to Title II of the Social Security Act, 42 U.S.C. §§ 401-433 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Isham alleges that the ALJ improperly failed to address the medical opinion offered by Dr. Mark Lyon, a physician Isham visited several times after the period of time when Isham alleges he was suffering from disabilities. First, while the ALJ did not mention Dr. Lyon by name, the ALJ did address each of the symptoms Isham was reporting and the causes of those symptoms, which constituted the core of Dr. Lyon’s opinions and diagnosis.
Second, even if the ALJ had failed to address Dr. Lyon’s opinion, such a failure would be harmless error because there were strong reasons to reject Dr. Lyon’s opinion. The testimony of a treating physician is given special deference, Lester v. Chater, 81 F.3d 821, 832-33 (9th Cir.1995), and Isham argues that Dr. Lyon is his treating physician. We need not decide whether Dr. Lyon was Isham’s treating physician because there were…