Beck

Beck v. Astrue

Good Law
303 F. App'x 455
United States Court of Appeals for the Ninth CircuitDecember 12, 2008No. 07-35378California565 words

Opinion

lead Opinion

MEMORANDUM **

Claimant Lorrie Beck appeals from an adverse judgment on her claims for Social Security Disability Benefits and Supplemental Security Income. On de novo review, Edlund v. Massanri, 253 F.3d 1152, 1156 (9th Cir.2001), we affirm.

1. Substantial evidence supports the administrative law judge’s (“ALJ”) finding that Claimant’s sleep apnea and depression with anxiety are not severe impairments.

A sleep study in May 2003 resulted in a diagnosis by Drs. Lefor and Libby of “moderate” apnea. Claimant failed to follow the treatment plan that they recommended. But the record shows that, if properly treated, Claimant’s sleep apnea would be controlled effectively. See Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir.2006) (holding that an impairment that can be controlled effectively is not disabling for social security purposes).

With respect to Claimant’s mental health, the record supports the ALJ’s finding that the medical records, specifically those of Drs. Cleary and Rethinger, do not indicate any severe problems.

2. The ALJ permissibly found that Claimant was not credible. The medical evidence and Claimant’s testimony regarding her daily activities…

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