Russell
Russell v. Commissioner of Social Security Administration
Opinion
Lead Opinion
MEMORANDUM **
Beverly Russell appeals from the district court’s grant of summary judgment to the Commissioner of the Social Security Administration. We review de novo the order affirming the Commissioner’s denial of disability benefits, see Morgan v. Comm’r, 169 F.3d 595, 599 (9th Cir.1999), and we affirm.
There was substantial evidence to support the decision of the Administrative Law Judge (ALJ) to reject Russell’s treating physician’s conclusion that she was disabled. While the opinion of a treating physician is given deference, it is not necessarily conclusive. See id. at 600 . It is solely the province of the ALJ to resolve a conflict with a nontreating examining doctor’s opinion that is based on independent clinical findings. See Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995). Dr. Stanfield’s description of Russell as “disabled” was not based on clinical findings, and the ALJ set out a detailed and thorough summary of the facts and the evidence, stated his interpretation, and made specific findings. See Morgan. 169 F.3d at 600-01 . Further, the ALJ did not reject the findings of the examining psychologist, but took them into account by concluding that Russell was…