Yarger

Yarger v. Astrue

Good Law
300 F. App'x 461
United States Court of Appeals for the Ninth CircuitNovember 3, 2008No. 07-35587California555 words

Opinion

lead Opinion

MEMORANDUM **

Plaintiff Arlene Yarger appeals the district court’s order affirming the Social Security Commissioner’s final decision to deny Yarger benefits. We have jurisdiction under 28 U.S.C. § 1291 .

The ALJ adequately explained why he found Yarger’s testimony concerning the effects of her symptoms to be not entirely credible with respect to her hand and hip problems. Because the ALJ found that Yarger’s “medically determinable impairments could reasonably be expected to produce [her] alleged symptoms,” the ALJ must provide clear and convincing reasons for rejecting Yarger’s subjective testimony related to those symptoms. See Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1159-60 (9th Cir.2008). Here, the ALJ provided three reasons for not fully crediting Yarger’s testimony: (1) her testimony was not supported by the medical evidence; (2) her testimony was inconsistent with her daily life and work activities; and (3) her testimony was inconsistent with the conservative treatment she received. These reasons are clear and convincing and supported by substantial evidence.

The ALJ properly took into account Yarger’s mental limitations when evaluating Yarger’s residual…

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