Downing

Downing v. Barnhart

Good Law
167 F. App'x 652
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 04-55399California401 words

Opinion

Lead Opinion

MEMORANDUM ***

Hilda Downing appeals the district court’s judgment denying her motion for summary judgment and granting the Commissioner of Social Security’s motion for summary judgment. The district judge affirmed the Commissioner’s denial of *653 Downing’s application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 423 , finding that the Administrative Law Judge’s (“ALJ”) decision denying Downing’s request was properly supported by substantial evidence and based on proper legal standards. We affirm.

Downing argues that the ALJ’s decision was not supported by substantial evidence because he improperly disregarded the opinions of the consulting clinical psychologist (“CCP”) and the non-examining state agency physician. However, an ALJ may reject a medical opinion if it is “conclusory, and inadequately supported by clinical findings.” Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir.2002) (citation omitted). Additionally, it is the ALJ’s responsibility to determine: (1) whether there are internal inconsistencies in a physician’s report; (2) whether those inconsistencies are material; and (3) “whether certain factors are relevant to discount”…

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